The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. The issue covers all of the major UK constitutional developments over the past four months, a period that has seen the EU (Withdrawal) Bill pass from the Commons to the Lords; the failure of talks in Northern Ireland; and a significant government reshuffle. Abroad, Ireland is considering a permanent constitutional change and Japan has seen a constitutional first as its current emperor confirmed he is to abdicate. This post is the opening article from Monitor 68. The full edition can be found on our website.
The UK is experiencing a period of deep constitutional uncertainty. In at least four key areas, structures of power and governance are in flux.
The first of these, of course, is the nature of the UK’s future relationship with the European Union, to which the Brexit negotiations will shortly turn. The degree to which the UK continues to pool its sovereignty with other European countries depends on the form of that relationship: how far, and on what issues, the UK continues to adhere to EU rules, align closely with them, or follow its own separate path. Theresa May set out her most detailed proposals yet in a speech at Mansion House on 2 March, advocating close alignment outside the structures of the EU Single Market and Customs Union. On 7 March, the President of the European Council, Donald Tusk, published draft guidelines for the EU’s position. As before, this emphasises ‘that the four freedoms of the Single Market are indivisible and that there can be no “cherry picking.”’ What deal will emerge from the negotiations is entirely unclear.
The government’s preferred path will face stiff resistance in parliament too. In late February Jeremy Corbyn signalled that Labour wants a UK–EU customs union (an issue also central to the conclusions reached by the Citizens’ Assembly on Brexit). Consequently the government now risks defeat on an amendment to the Trade Bill pursuing the same objective, tabled by Conservative backbencher Anna Soubry. Beyond that, an amendment to the EU (Withdrawal) Bill passed in the House of Commons in December guarantees that the deal between the UK and the EU agreed through the Brexit negotiations will need to be endorsed by an Act of Parliament in the UK. Brexit’s opponents are increasingly vocal and organised, and occupy a strong position in Westminster. The odds remain that Brexit will happen, but that isn’t guaranteed. Continue reading →
The latest issue of Monitor, the Constitution Unit’s regular newsletter, has been published today. The issue covers all of the major UK constitutional developments over the past five months, a period that has included the unexpected general election result, the confidence and supply agreement between the Conservatives and DUP that followed, Nicola Sturgeon’s announcement of plans for a second referendum (later ‘reset’) and the beginning of Brexit negotiations, plus much else besides. The front page article is reproduced here. You can read the full issue at this link.
Current British politics is rarely dull. Added to the unexpected result in the 2016 Brexit referendum and the subsequentMiller case regarding parliament’s role in the process (not to mention the Conservatives’ unexpected outright majority in 2015), we now have our second hung parliament in seven years, a resurgent Corbyn-led Labour Party, and a previously popular Prime Minister who appears to be on the ropes. All this following a general election that few expected, and that some even thought pretty much impossible under the 2011 Fixed-term Parliaments Act.
Following the successful passage of the European Union (Notification of Withdrawal) Act, authorising the trigger of Article 50 (see page 4), Theresa May surprised almost everybody on 18 April by proposing a general election for 8 June. Having started with what looked like an unassailable lead in the polls, in an election where she sought to strengthen her hand in parliament during the Brexit negotiations, she managed instead to lose her slender Commons majority and was forced into a confidence and supply arrangement with Northern Ireland’s Democratic Unionist Party (DUP) (see page 6). Her authority within her own government is much diminished, and ministers have openly squabbled with each other over Brexit priorities. Meanwhile, Labour’s unexpected gains leave its previously fractious parliamentary party appearing suddenly united behind Jeremy Corbyn.
The results were also a blow to Nicola Sturgeon, whose Scottish National Party (SNP) lost twelve seats to the Conservatives, six to Labour and three to the Liberal Democrats. Conservative leader Ruth Davidson (who spoke at a packed Constitution Unit event during the campaign) in contrast made a strong case for the Union and gained further stature and negotiating power. Sturgeon acknowledged on 27 June that she would have to put the campaign for a second Scottish independence referendum on hold for the time being (see page 11).
The Labour Party’s current leadership crisis is in part a product of its inclusive rules for leadership elections. In this post Scott Pruysers, William Cross and Jean-Benoit Pilet consider these rules in comparative perspective. Drawing on a study of more than 70 parties from 13 countries they show that the Labour Party’s leadership election rules are somewhat unusual in being highly inclusive, whilst also affording parliamentarians a special role as gatekeepers. Some members of Labour’s parliamentary party may regret not taking the gatekeeper function more seriously in 2015.
As a result of a landslide vote of no confidence in Jeremy Corbyn among his parliamentary colleagues (172 to 40), the Labour Party is in the process of selecting a party leader for the second time in two years (a relatively rare occurrence in leadership politics). The results of what can be labelled as a ‘semi-open primary’ between incumbent party leader Corbyn and his challenger Owen Smith will be announced on September 24.
The rules for the current leadership election, similar to those used to select Corbyn in 2015, are relatively straightforward. Corbyn, as the sitting party leader, is automatically included as a contestant in the leadership election. Challengers, by contrast, are required to be ‘nominated’ by at least 20 per cent of the parliamentary party/European parliamentary party (i.e., MPs and MEPs). Once nominated, voting is open to dues paying party members, affiliated supporters (members of an affiliated trade union or socialist society), and registered supporters. More than 640,000 party members and supporters are eligible to cast a ballot.
While there are some minor barriers to participation – registered supporters, for example, must pay £25 to be eligible to vote – the entire process is rather inclusive. Interested individuals need only pay their fee and register on time in order to cast their ballot for the Labour leader. How common is the UK Labour leadership selection method, and how open and inclusive is the selection process when we put it in a comparative perspective?
In the post-referendum turmoil facing the Labour Party, there are increasing questions about whether the party might split. Despite shadow cabinet resignations and a Parliamentary Labour Party vote of no confidence, Jeremy Corbyn seems determined to hang on, and to force a contest if necessary. If that proceeds, a split looks very likely. But what would this mean in organisational terms: both inside parliament and beyond? Meg Russell investigates.
Events in the Labour Party over the last week have been extraordinary. Accused of a lacklustre performance in the Brexit referendum, party leader Jeremy Corbyn has lost the majority of his frontbench through resignations – sparked by his dramatic sacking of Shadow Foreign Secretary Hilary Benn. Labour MPs have now agreed a motion ‘That this PLP has no confidence in Jeremy Corbyn as Leader of the Parliamentary Labour Party’, by 172 votes to 40. Yet still Corbyn seems determined to hang on, and to force a contest in the wider party, hoping to retain the support of his activist base. As noted in a previous post this follows rule changes turning the Labour leadership contest into a fully ‘one member one vote’ process, and giving voting rights to ‘supporters’ who signed up for just £3. Left-wing activists flooded into Labour to vote for Corbyn, with the unprecedented consequence in British politics that a parliamentary party was left with a leader which it did not support. The problem in the referendum was not only that Corbyn campaigned half-heartedly, and was even accused of actively undermining the Labour Remain campaign, but that his presence from the very outset meant that the media and public had ceased taking Labour seriously.
The prospect of a contest raises the very serious possibility of a Labour Party split. If there were a contest and Corbyn won, the majority of his MPs might well feel forced to abandon the party. If he lost, he and his supporters might be forced out. Indeed a split might even be seen by some in the party as preferable to a contest – which would run all summer and could only have a messy end. But how would a Labour Party split work in practice? What, in particular, would be the immediate parliamentary consequences? What are the wider organisational repercussions? This post focuses particularly on the former, but touches on the latter – concluding that they are far more difficult.
Changes to the way the Labour leader is elected were an essential factor in Jeremy Corbyn’s victory. Meg Russell explains how the switch to a ‘one member one vote’ system was a fundamental change for the party – and for British politics – with last summer’s events raising profound questions about party democracy. This text is adapted from a response on the night to Steve Richards’ PSA Lecture on ‘Leadership, Loyalty And The Rise of Jeremy Corbyn’, on 15 October last year, and recently published in the Political Quarterly.
Steve Richards sets out convincingly some of the political and ideological currents that led to the rise of Jeremy Corbyn. But his unexpected election was also an organisational phenomenon – touching on key issues of internal party democracy. Changes to the mechanism for electing the leader, agreed under Ed Miliband’s leadership, were essential to Corbyn’s victory. The result raises profound questions about who does, and who should, own a political party such as Labour.
The leadership contest of 2015, which delivered Corbyn’s victory, was the first in the Labour Party’s history to be based purely on the principle of one person one vote. The question of who should choose the leader has been a particularly hotly contested one through the party’s recent history, as in many other political parties. Looking back to the 1970s, there was no involvement at all by the party outside parliament in the choice of leader – it was entirely a decision for Labour MPs. The Parliamentary Labour Party (PLP) chose its leader, who then led the party as a whole. This same principle applied in all three of the main parties.