David Farrell argues that the extent of the decline of political parties and democratic decline is at risk of being exaggerated, and that the role of parties in democratic innovation is often underappreciated. He concludes that political parties continue to make fundamental contributions to democracy, not least in driving processes of reform to both democracy and their own internal structures and policies.
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The UK’s defiance of the European Court of Human Rights
Veronika Fikfak argues that by amending the Illegal Migration Bill to require UK courts to ignore a potential interim measure from the European Court of Human Rights, the UK government has reached for the most drastic option, exposing its carefully fostered image of a ‘good complier’ as merely a myth. She warns against passage of the amendment, and criticises the government for taking the same path as Russia by choosing defiance over dialogue.
In late April, the government tabled a number of amendments to the Illegal Migration Bill, including an order to domestic courts to ignore a potential interim measure from the European Court of Human Rights (‘the ECtHR’) to stop someone being removed from the UK if they bring forward a legal challenge. British judges have been told that if the bill is enacted with the new amendments, it will mean that they ‘cannot apply any interim measure, aside from in the narrow route available under the bill where [the applicants] are at risk of serious and irreversible harm.’ The House of Lords Constitution Committee has raised serious concerns about the potential impact of the bill on the rule of law and human rights. In this blog, I argue that this order puts the UK on par with Russia and Poland, which have used domestic law to prevent compliance with their international obligations under the European Convention on Human Rights (ECHR). I show how both countries have sought out a direct conflict with the Strasbourg Court and how the UK – for the first time since joining the ECHR – is taking the same route. I also outline how far its behaviour goes from the usual ‘good complier’ image that the UK has carefully fostered.
Poland and Russia choose defiance over compliance
In international law, courts are notoriously dependent on states, and especially their executive branches, to enforce their judgments. Since the international community has no enforcement mechanism to compel states to comply with a decision of an international court, if a state were to refuse to do so voluntarily, the judgment would remain merely words on paper. Yet generally states have been reluctant to openly defy the ECtHR by refusing to enforce its judgments. Instead, negotiations, lobbying and delays are the standard techniques to avoid or minimise compliance. Even when countries adopt domestic laws that clearly contradict the ECHR (such as in the case of immigration legislation in Denmark or the UK’s recent bill), this is usually done under the cover that the state ‘seeks to clarify the content of obligations under the Convention’ or more boldly that it wishes to ‘test the limits’ of the ECHR. Once a judgment is delivered, the state promptly puts in place a process to comply with the judgment (such as in the case of Savran v Denmark). The intent to voluntarily comply with the ECHR is present for the majority of countries.
Continue readingChurch and state in European monarchies
At his coronation, Charles III will swear an oath to uphold the Protestant religion in a ceremony overseen by the Archbishop of Canterbury. However, while many European monarchs retain a link to their national church, the UK is alone in continuing to have a coronation ceremony. Frank Cranmer discusses how monarchies throughout Europe have attempted to reconcile their historical religious traditions with the reality of modern multi-faith societies.
In addition to the United Kingdom, there are 11 other monarchies across Europe, with varying constitutional arrangements when it comes to religion: Andorra, Belgium, Denmark, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Spain, Sweden – and, of course, Vatican City, where the Pope is head of state. In Andorra, the Bishop of Urgell and the President of France are co-Princes and its constitution gives special recognition to the Roman Catholic Church. Under the constitution of Liechtenstein, the Roman Catholic Church is the ‘National Church’, while the constitution of Monaco declares Roman Catholicism ‘the religion of the state’.
Under the terms of the Act of Settlement 1700, the monarch of the United Kingdom may not be a Roman Catholic, and the relationship between church and state means, in effect, that he or she must be a member of the Church of England as established by law. Uniquely in Europe, the British monarch is also the Supreme Governor of the Church: a title that goes back to the Act of Supremacy 1559, when the Protestant Elizabeth I succeeded the Catholic Mary. Henry VIII had declared himself the ‘Supreme Head in earth’ of the Church, but Elizabeth chose a less confrontational title.
The monarch also has a unique association with the Church of Scotland, appointing a Lord High Commissioner to the annual General Assembly of the Church who makes opening and closing addresses to the Assembly as the monarch’s representative and carries out a number of official functions while the Assembly is sitting. In 2002, Queen Elizabeth II attended in person rather than appointing a commissioner.
Scandinavia also preserves a Protestant succession. The Church of Sweden was disestablished on 1 January 2000. Furthermore, ties between church and state in Norway were somewhat loosened by an amendment to the constitution which came into effect on 1 January 2017, which removed the previous reference to an ‘official religion of the State’. However, both countries still require their monarch to be Lutheran. In Sweden, for example, under Article 4 of the Act of Succession 1810, ‘The King shall always profess the pure evangelical faith, as adopted and explained in the unaltered Confession of Augsburg and in the Resolution of the Uppsala Meeting of the year 1593’. Likewise in Denmark, Article 4 of the Constitution maintains the establishment of the Evangelical Lutheran Church and Article 6 requires that the monarch shall be a member of the Church.
Continue readingThe Queen’s Platinum Jubilee: what does the future hold for the monarchy?
The Platinum Jubilee was a time for celebration, but it also provoked many questions about the future of the monarchy, and what it might look like under the next monarch. In this post, Robert Hazell and Bob Morris attempt to answer those questions, relying on their detailed knowledge of modern European monarchies.
The Platinum Jubilee was an occasion for celebration and relaxation rather than profound reflection about the monarchy and its future. But for Robert Hazell and Bob Morris it was an exceptionally busy weekend, as they responded to a deluge of media requests from around the world. These clustered around the same set of questions:
- How can a hereditary monarchy be part of a modern democracy?
- Will public support for the monarchy outlive support for the Queen?
- What kind of King will Prince Charles be? What changes might he want to introduce?
- What is the future of the monarchy in the realms, the 14 other countries around the world where the Queen is also head of state?
This post offers more detailed answers to these questions than allowed by brief media interviews. It does so through a comparative and constitutional law lens, based upon our co-edited book, The Role of Monarchy in Modern Democracy: European Monarchy
How can a hereditary monarchy be part of a modern democracy?
The first question is easily answered: there is no contradiction between monarchy and democracy, with some of the most advanced democracies in the world also being monarchies. Denmark, Norway, Sweden, the Netherlands and New Zealand are countries which regularly feature at the top of the annual Democracy Index compiled by the Economist Intelligence Unit: all are monarchies. They have survived as monarchies because the monarch no longer has any political power; the monarch reigns, but does not rule. Constitutional monarchs act on the advice of the elected government; if they fail to do that or otherwise step out of line, they risk losing their thrones. That was the lesson brutally learned by Edward VIII in the abdication crisis of 1936, but he was not the only European monarch forced to abdicate. The same fate befell King Leopold III of the Belgians in 1950, Grand Duchess Marie-Adélaïde of Luxembourg in 1919, and King Juan Carlos of Spain in 2014, when opinion polls showed that two-thirds of Spaniards felt he should abdicate.
Will public support for the monarchy outlive support for the Queen?
Monarchy as a system of government depends on the consent of the people as well as the government. If the people withdraw their support from monarchy as an institution, it is finished. That is how monarchy came to an end in referendums in Italy after the Second World War and in Greece in 1973-74. In all, there were 18 referendums held on the future of the monarchy in 10 different European countries during the last century. Not all led to the country becoming a republic: referendums have reaffirmed continuation of the monarchy in Denmark and Norway, and restoration of the monarchy in Spain.
Continue readingRiding the populist wave: the UK Conservatives and the constitution
At a recent Constitution Unit event (available in video and podcast form), Tim Bale discussed the challenges posed to mainstream conservatism by the recent rise in successful populist politicians. Here, he sets out those challenges, how conservatives have traditionally faced them, and concludes that the UK Conservative Party is so determined to ‘unite the right’ and supress support for a challenger party that it risks transmogrifying into a populist radical right party.
A few weeks ago I was diagnosed with costochondritis – a minor and surprisingly common condition involving the cartilage that joins your ribs to your sternum but which produces chest pains that make some people suffering from it worry they’re having a heart attack.
The standard treatment is to take non-steroidal anti-inflammatory drugs such as ibuprofen. For me this presented a bit of a dilemma. Like many other people, I don’t tolerate ibuprofen: it irritates my gastrointestinal tract – something I’m wise to avoid doing because I also suffer from something called Barrett’s oesophagus, which, if you’re unlucky, can turn cancerous. So, on the assumption that the costochondritis would eventually resolve itself, and given the fact that the discomfort involved was irritating but far from overwhelming, I decided just to put up with it.
I’m sharing this bit of my recent medical history not because I particularly enjoy talking about it but because it produces a useful analogy for a question that I want to ask – namely, are politicians on the mainstream right so concerned about countering the rise of populist radical right parties that they end up proposing things that risk doing more harm to society and to the polity than if they were simply to admit that those parties are now a normal rather than a pathological feature of contemporary politics?
The background to this is the book I’ve recently co-edited with Cristóbal Rovira Kaltwasser, called Riding the Populist Wave: Europe’s Mainstream Right in Crisis. We look at how mainstream right parties – which aren’t written about anywhere near as much as their counterparts on the left or, indeed, on the far right – have handled (or in some cases failed to handle) some of the challenges that they’ve been facing for the last three or four decades. Over that time, they’ve suffered significant electoral decline, although, as we show in the book, the extent of that decline varies not just between countries but between party families, with Christian democratic parties suffering more than conservative parties, which, in turn, have suffered more than (market) liberal parties, which have actually managed to hold pretty steady.
We argue that the difficulties they’ve faced are partly down to their having to cope with something of a double whammy.
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