Tag Archives: judiciary

The role of the media in democracies: what is it, and why does it matter?

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This is the first edition of this briefing. It has since been updated. Read the most up-to-date version and other briefings on the Constitution Unit’s website.

The media plays a vital role in democracies, as an arena for debate and a source of accountability. But concerns have been raised about the health of the sector in the UK. Caitlin Farrell and Lisa James argue that safeguarding the media’s role requires action from both politicians and the media.

Background

In a democracy, the media educates, informs and entertains – including through news, opinion, analysis, satire and drama. It is a key route through which the public hears about politics, and it plays an important role in shaping the public agenda and forming public opinion.

However, in recent years frequent concerns have been expressed about the health of the news media. Attacks on media independence or broadcaster impartiality have raised alarm. Media market changes have led to cuts in local and investigative journalism and have amplified polarising rhetoric and misinformation. Monopoly ownership may yield an undue concentration of power.

Why does the media matter for democracy?

The media is central to democratic participation. It creates an arena for the exchange of opinion, discussion and deliberation – a space sometimes referred to as the ‘public sphere’. It provides a channel of communication between politicians and the public, allowing politicians to communicate their beliefs and proposals, giving the public the information that they need in order to participate, and allowing the voices of the public to be heard by politicians. The media also assists in holding politicians to account – through reporting, and direct scrutiny such as interviews.

The media has an important role in the formation of public opinion. Via the content and tone of its coverage, it can influence how members of the public understand an issue, which topics they consider important, and what information they use in forming overall political judgements.

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Healthy political discourse: what is it and why does it matter?

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This is the first edition of this briefing. It has since been updated. Read the most up-to-date version and other briefings on the Constitution Unit’s website.

Healthy political discourse is vital for democracies to function well. In this post, Alan Renwick and Tom Fieldhouse set out five key elements of such discourse, highlight barriers that may be making achieving it increasingly difficult, and propose steps that policy-makers and others could take to support it.

Background

Healthy political discourse is a core feature of a well-functioning democracy. It can help to deliver many benefits to society, whereas unhealthy discourse has the potential to inflict great damage.

There is no definitive blueprint for what healthy discourse looks like. There is nevertheless widespread concern – in the UK and in many other countries – that the quality of political discourse is poor and that contemporary challenges, including polarisation and the nature of modern media, are placing it under increasing strain.

This briefing examines what healthy political discourse is and why it matters. It identifies some of the key factors that make maintaining healthy discourse difficult and highlights examples of unhealthy discourse. It considers what can be done to enable healthy discourse to flourish.

What is healthy political discourse?

Alongside other important constitutional principles – such as institutional checks and balances, free and fair elections, the rule of law, fundamental rights, and integrity and standards – healthy public discourse is an essential component of a well-functioning democracy.

Democracy is a process for making decisions. Citizens should be able to choose representatives who will serve their interests, and to hold those representatives to account for what they do. Policy-makers should be able to make and implement policy decisions that advance the public interest. People from all walks of life should feel included and able to participate actively. All these processes are underpinned by discourse – including discussion, debate, description, and commentary. This is generated by politicians, officials, campaigners, journalists, and members of the public. Healthy discourse enables such processes to run well, whereas unhealthy discourse inhibits them.

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Rebuilding and renewing the constitution: the courts and the rule of law

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A new Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters appear on this blog throughout August, with this fourth excerpt identifying potential changes relating to the courts and the rule of law.

Recent years have seen growing scrutiny of the relationship between government, parliament and the courts, and the government’s attitude to the rule of law. Politicians have increasingly tended to push back against courts – which are said to have become too powerful in our constitutional arrangements, leading to a ‘democratic deficit’. Resistance to the European Court of Justice and the European Court of Human Rights seems to have evolved into a more general willingness to breach, or risk breaching, international law. Added to this have been disagreements over the appropriate bounds of legal scrutiny, with the government’s increasing use of ouster clauses – which exempt certain decisions from judicial review – attracting particular attention. And legal funding and administrative challenges continue to fuel expert concerns about access to justice. In this climate, the role of the government’s law officers, such as the Attorney General, in upholding the rule of law has come under increasing attention. These tensions have boiled over at times into very public attacks by ministers on judges and lawyers.

This is an area in which there could be significant ‘quick wins’ through communicating a change of attitude. Beyond this, various proposals for change have come from external expert bodies and parliamentary committees for improvements to the system. Such reforms – some of them quite minor – could help to settle the relationship between the political branches and the courts. This would help uphold the UK’s reputation as a bastion of the rule of law – with all the international political and economic advantages that confers. There are also proposals for wider-reaching policy change.

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Rebuilding constitutional standards: five questions for the next Conservative leader

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Boris Johnson yesterday fired the starting gun on a Conservative leadership race which should make the winner Prime Minister. Meg Russell, Alan Renwick and Robert Hazell pose five key questions which Conservative MPs and others are encouraged to ask the party leadership candidates, based on recent public, parliamentary and expert concerns.

Boris Johnson’s premiership has been marked by ever-growing concerns about the maintenance of various constitutional standards, which in recent days have reached fever pitch. These were echoed repeatedly in ministerial resignation statements and calls for him to go. Recent opinion polls meanwhile show strong public support for constitutional standards of integrity and accountability.

Conservative MPs now have an opportunity to choose among candidates to take Johnson’s place, which also creates an important constitutional responsibility. A high priority when picking the next Conservative leader should be to restore the standards essential to UK democracy, in order both to rebuild integrity in politics, and to work towards rebuilding public trust.

This blogpost sets out five key questions for Conservative leadership candidates, reflecting concerns raised by the public, independent expert organisations, and MPs themselves. Conservative MPs and others are encouraged to prioritise these questions, and raise them with the candidates when the party is making its choice.

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