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Tag Archives: Monitor

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Monitor 80: Defending democracy

Posted on March 16, 2022 by The Constitution Unit

Today, the Unit published the 80th edition of Monitor, which provides analysis of the key constitutional news of the past four months. In this post, which also serves as the lead article for Monitor 80, Meg Russell and Alan Renwick reflect on risks to democracy at home and the appalling invasion of a democratic nation, Ukraine, which could have long-term repercussions for the health of democracies across Europe.

Monitor has in recent years catalogued a succession of astonishing events in British constitutional politics: the 2014 Scottish independence referendum; the 2016 Brexit referendum; the parliamentary battle that ensued under Theresa May’s divided minority government post-2017; Boris Johnson’s unlawful parliamentary prorogation of 2019; and the politics of COVID-19 lockdown post-2020.

The shock likely to dominate memories of 2022 – Russia’s appalling invasion of Ukraine – is of a different order. The war is a terrible tragedy for all those directly affected; on the world stage it is Europe’s darkest and potentially most dangerous moment at least since the Cold War standoff of the 1960s, and perhaps since 1945. In response, British constitutional politics has seen a suspension of normal working. Hostile exchanges at Prime Minister’s Questions have been replaced by pledges of unity. The House of Commons has given standing ovations to Ukraine’s ambassador in London, and then to its President, Volodoymr Zelenskyy. A mutinous Conservative Party that had been gearing up, perhaps, to topple its leader now bides its time.

How Putin’s war might shift British politics beyond the short term remains to be seen. In this edition of Monitor, the developments discussed mostly predate the invasion. Some of these – notably, a raft of bills and consultations – have a momentum that will run on. As has been true for several years, these developments give some considerable cause for concern.

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Posted in Brexit, Devolution, digital democracy, Elections and referendums, Europe, Government, International, Judiciary and human rights, Monarchy, church and state, Parliament, Public Engagement and Policy Making | Tagged 1922 Committee, Alan Renwick, backsliding, boris johnson, Brexit Freedoms Bill, citizens assembly on democracy in the UK, Conservative Party, Conservatives, Democracy in the UK after Brexit, Elections Bill, Electoral Commission, House of Commons, House of Lords, human rights, Independent Human Rights Act Reviww, judicial review, Judicial Review and Courts Bill, meg russell, Monitor, Northern Ireland, Northern Ireland Protocol, partygate, Police Crime Sentencing and Courts Bill, prime minister, retained EU law, Scotland, Scottish Conservatives, Simon Case, Sue Gray, Ukraine, Volodymyr Zelenskyy, Wales

Monitor 79: Is this what democratic backsliding feels like? Constitutional developments under the Johnson government.

Posted on November 10, 2021 by The Constitution Unit

The latest edition of Monitor, the Unit’s regular news update on constitutional issues, was published today. The Brexit vote happened more than five years ago, but many of the the worrying constitutional trends that characterised the years that immediately followed the referendum remain a part of public life. Here, in the lead article from Monitor 79, Unit Director Meg Russell and Deputy Director Alan Renwick express serious concerns about a repeated lack of parliamentary scrutiny, proposed changes to the way elections are overseen and conducted, standards in public life, the proper role of government, and the effect of all four on the perception of our public servants.

Each new issue of Monitor for the last three years has reported on torrid developments in UK constitutional politics. Brexit, the 2019 general election and COVID-19 all raised new and difficult questions about democratic governance and the balance of power between our institutions. As the political dominance of the pandemic fades, and matters tentatively approach something closer to ‘normal’, constitutional controversy nonetheless remains centre stage.

A major question raised in the previous Monitor, and bubbling for some time before that, is whether the UK is witnessing a kind of ‘democratic backsliding’, whereby elected politicians gradually dismantle the checks and balances that constrain their power. The UK government’s legislative programme, and its wider activities as reported in this issue, have done little to soothe those fears. A valuable new online tracker, launched in October by the Public Law Project, allows for systematic exploration of constitutional developments throughout the period of the Johnson government. 

The action that achieved greatest cut-through was the government’s extraordinarily ill-judged attempt to change how allegations of misconduct against MPs are dealt with, in response to dissatisfaction with the outcome of a given case – that of Conservative former cabinet minister Owen Paterson. The mechanism proposed for the review – a Commons committee with a government majority – was also entirely inappropriate. The ensuing controversy was still raging as Monitor went to press.

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Posted in Devolution, Elections and referendums, Europe, Government, Judiciary and human rights, Parliament, Parties and politicians, Public Engagement and Policy Making | Tagged Alan Renwick, backsliding, citizens assembly on democracy in the UK, Committee on Standards and Privileges, committee on standards in public life, Culture Secretary, David Amess, Dissolution and Calling of Parliament Bill, Dominic Raab, Elections Bill, Electoral Commission, first past the post, House of Commons, Independent Human Rights Act Reviww, Judicial Review and Courts Bill, Justice Secretary, Lord Frost, mayoral elections, meg russell, Monitor, Monitor 79, MPs, Nadine Dorries, Northern Ireland Protocol, online harms, Online Safety Bill, Owen Paterson, parliamentary scrutiny, Police and Crime Commissioner elections, public appointments, retained EU law, Suella Braverman | 2 Comments

Monitor 78: Constitutional uncertainty on multiple fronts

Posted on July 6, 2021 by The Constitution Unit

The latest edition of Monitor, the Unit’s regular news update on constitutional issues, was published today. In this lead article from Monitor 78, Meg Russell and Alan Renwick discuss the continuing uncertainty about the future of the Union, government plans to change how and when we elect our political leaders, the rolling disputes about the Northern Ireland Protocol, plans to rebalance the constitution and reform the judiciary, and the increasingly relevant debate about ministerial standards.

There has been no sign of let up in the pace or breadth of constitutional developments since the last edition of Monitor in March. Voters across Great Britain went to the polls in a bumper crop of elections in May (following cancellation of last year’s round due to COVID-19). In the Queen’s Speech a few days later, the government promised several major constitutional bills.

Two overarching themes have dominated: significant uncertainty about the future of the UK Union; and pressing concerns around the risk of democratic backsliding – associated with declining constitutional standards and a weakening of checks and balances. Both themes were explored in depth at a major online conference on the Johnson government’s constitutional reform agenda co-organised by the Unit in June.

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Posted in Brexit, Constitutions and constitution making, Devolution, digital democracy, Elections and referendums, Europe, Events, Government, International, Judiciary and human rights, Parliament, Parties and politicians, Public Engagement and Policy Making | Tagged Alan Renwick, boris johnson, Electoral Commission, Electoral reform, England, judicial review, Lord Faulks, meg russell, ministerial code, ministers, Monitor, Monitor 78, Northern Ireland, Scotland, Union, Wales

Monitor 77: Change, continuity, and an uncertain future for the Union

Posted on March 9, 2021 by The Constitution Unit

The latest edition of Monitor, the Unit’s regular news update on constitutional issues, was published today. In this lead article from Monitor 77, Meg Russell and Alan Renwick discuss a Brexit deal that has already led to tension with the EU; change at Number 10 and in the Lords – but not the Commons; concern about scrutiny of both Brexit and the pandemic; multiple threats to the Union; preparations for elections throughout Britain, a new Unit project and two new Unit reports.

As 2020 ended, it appeared that UK politics might – as in the US – be entering a new phase. Brexit had dominated the previous five years, at least until COVID-19 came along. But the trade deal between the UK and the EU, reached on 24 December after months of negotiations, and enshrined into UK law in an extraordinary parliamentary sitting six days later, suggested that this debate might at last be put to bed.

The Vote Leave duo of Dominic Cummings, Boris Johnson’s de facto chief of staff, and Lee Cain, Number 10 Director of Communications, dramatically left their posts in November. They were widely seen as driving the Johnson government’s initially abrasive style, characterised by confrontation with parliament, the Civil Service, parts of the media, and various basic norms of Britain’s uncodified constitution. The announcement that former civil servant Dan Rosenfield would become the new Number 10 Chief of Staff suggested that a more measured approach might prevail.

Yet indications of fundamental change may prove illusory. Many aspects of the UK’s future relationship with the EU – notably over financial services and long-term arrangements for fishing – are unresolved. Chief Brexit negotiator Lord (David) Frost was recently appointed to Cabinet, highlighting that his job is far from done. Recurring negotiating rounds may become a permanent political feature.

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Posted in Brexit, Devolution, Elections and referendums, Europe, Events, Government, International, Judiciary and human rights, Monarchy, church and state, Parliament, Public Engagement and Policy Making | Tagged Alan Renwick, aLex Allan, Alex Salmond, boris johnson, Brexit deal, civil servants, civil service, Constitution Democracy and Rights Commission, Coronavirus, Dan Rosenfield, David Frost, dominic cummings, House of Commons, House of Lords, House of Lords Appointments Commission, hybrid proceedings, Independent Human Rights Act Reviww, Independent Review of Administrative Law, Lee Cain, lords appointments, meg russell, Monitor, Monitor 77, Nicola Sturgeon, Northern Ireland, Northern Ireland Protocol, online harms, Parliament and Brexit, parliamentary procedure, parliamentary scrutiny, Priti Patel, Scotland, Scottish government, Scottish Independence, Scottish independence referendum, scottish parliament, Second Scottish independence referendum, taking back control, Union, unionists, virtual parliament

Monitor 76: Democratic lockdown?

Posted on November 12, 2020 by The Constitution Unit

The latest edition of Monitor, the Unit’s regular news update on constitutional issues, was published today. In this lead article from Monitor 76, Meg Russell and Alan Renwick discuss the key events and themes of  the past four months. They include tensions between devolved and central govermnent related to Brexit and COVID-19; concern about parliamentary scrutiny of the pandemic; criticism of the government’s commitment to the rule of law (called into question by the UK Internal Market Bill, the Faulks review and criticism of the legal profession); the Russia report and other concerns about the country’s electoral framework; and the reshaping of government and civil service operations by Number 10.

England entered a new COVID-19 ‘lockdown’ just before Monitor went to press. The pandemic continues to dominate politics in the UK and globally, with a return to politics-as-usual appearing distant. Both the handling of the crisis and the government’s latest actions on Brexit have been key factors driving serious concerns about the maintenance of constitutional norms in the UK. But as this latest Monitor catalogues, the roots of those concerns – about declining respect for conventions and deliberate or accidental erosion of ‘checks and balances’ – are now spread across many fields.

There was tolerance in the early stages of the pandemic for quick decision-making, and partial bypassing of parliament. But that has increasingly grown thin. The UK is one of many countries where concerns have been expressed about COVID facilitating an executive ‘power grab’. Worldwide, experts have warned that ‘democracy, human rights and the rule of law cannot be allowed to become the collateral damage of the pandemic’. Most key decisions at UK level have come via secondary legislation, often published at short notice with little or no opportunity for parliamentary scrutiny. Increasing protests from MPs, parliamentary committees and the Commons Speaker (see page 5) extracted concessions from ministers that parliamentary oversight would increase – hence the difficult vote on the new lockdown arrangements on 4 November. A total of 34 Conservative MPs voted against the new regulations – which represents almost half of the government’s working majority – and others abstained; though the measure passed comfortably with Labour support. A concerted cross-party approach from the start might have been sensible, but can be uncomfortable for ministers, particularly when accompanied by internal party dissent.

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Posted in Brexit, Devolution, Elections and referendums, Europe, Events, Freedom of information, Government, International, Judiciary and human rights, Parliament, Parties and politicians, Public Engagement and Policy Making | Tagged Advocate General for Scotland, Alan Renwick, backbenchers, Bernard Jenkin, boris johnson, Brexit, Brexit negotiations, Charles Walker, Cheryl Gillan, Commons Liaison Committee, Conservatives, Constitution Democracy and Rights Commission, Coronavirus, David Gauke, devolved governments, Electoral Commission, government legal department, Graham Brady, House of Commons, House of L, House of Lords, House of Lords appointments, House of Lords Appointments Commission, human rights, hybrid proceedings, Independent Review of Administrative Law, Intelligence and Security Committee, Internal Market Bill, judicial review, Labour, Lady Hale, Lord Keen, Lord Kerr, Lord Neuberger, Lord Sumption, lords appointments, meg russell, metro mayors, Monitor, Monitor 76, MPs, PACAC, Parliament and Brexit, prime minister, Procedure Committee, Public Administration and Constitutional Affairs Committee, rule of law | 15 Comments

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Monitor 80: Defending Democracy

Front page of Monitor 80, a newsletter, displaying a fragment of the lead article, and an image of Prime Mniiser Borid Johnson meeing wih Ukrainian President, Volodymyr Zelenskyy, in a room. The two are sat in wooden chairs wih he flags of their respective countries in background

The latest edition of the Constitution Unit newsletter, Monitor, is now available to download.

What Kind of Democracy do we Want?

Taking Back Control

A picture of the front page of the Unit's report, Taking back control: why the House of Commons should govern its own time, including a picture of a clock

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