Discussion about this post

User's avatar
Tom of Kent's avatar

Hi Pete, I have been an avid reader of your Substack for a while now and over the past few years, as well as reading your blogs and listening to every interview you have given. I have also been doing the same with David Starkey and I think you may be wrong about your assertion that restorationists are delusional sufferers of ‘90s brain.’ I get that some of Blair’s constitutional reforms were a ratchet and are politically impossible to reverse. Particularly the hereditary peers he got rid of. Trying to persuade the public that Lords who owe their position to accident of birth and privilege are better than Lords who are political hacks or donors who owe their position to a political party is a fool’s errand, even if I think it’s true because of independent thought and, usually, a kind of knowledge and noblesse oblige with regards to their corner of the country. It just won’t wash and will be seen as retrograde and blatantly elitist and unfair. Expending political capital on this isn’t worth it and putting it in a manifesto gives a free hit to political enemies.

However, the call you make in your manifesto for a codified constitution is, I believe, a recipe for catastrophe which will, contrary to your assertions, diminish democracy. I take your point that a pre-1997 reset will hand a lot of dispersed power back to politicians and do nothing to ensure they won’t simply give them away again. But a written constitution, no matter how well-written, will eventually hand unaccountable power to judges who we can’t get rid of. I think the history of the US Supreme Court is instructive here. The Founding Fathers were intellectual giants, and their constitution was still undermined and warped by ‘imaginative interpretation.’ The nature of judicial activism is that it changes the meaning of words and clauses, so it doesn’t matter how long a constitutional convention is, how many sections or clauses are put to referendum, once it’s locked in, and only amendable with a supermajority, that is when judicial activist will get to work. Given that you think that the last 28 years has changed the British psyche so much that some mechanism through which the redress of grievances regarding ‘human rights’ will be demanded by the electorate, it will be impossible to draft a codified constitution which does not include them. This will provide much for leftist judicial activists, people wounded by the success of a resurgent patriotic Right, to work with. For all its faults, a sovereign Parliament restored largely to a pre-1997 state (with some caveats, as mentioned above), would likely be a better arrangement than a separate executive and a new codified constitution with a separate Supreme Court.

Another archaic arrangement, the restoration of which would be difficult to sell to the electorate, is the Law Lords. But, unlike the hereditary peers, I think it must be restored. Or, failing that, we would have to suffer the vulgarity of US-Style confirmation hearings and a vote on judicial appointments. Our teenage Supreme Court (the fact that it is only 16 years old is a point I would hammer on about if I was trying to argue for the restoration of the Law Lords) hasn’t sunk to the depths of the US Supreme Court in the 20th century yet, but it showed the first sign of power-grabbing in the prorogation decision, and considering the conveyor belt of radical leftist law graduates emanating from our universities, it is likely only a matter of time before we have an activist Supreme Court here too (see recent dissents of Sotomayor, Kagan and Jackson in the US, along with Marbury v Madison, Roe v Wade and countless other decisions for a taste of it). Without a kind of British Federalist Society (not something I would want), we would in effect have a supreme third legislative chamber of unaccountable and militant leftists. Considering all the alternatives I think the restoration of the Law Lords is the least worst option and worth the political capital.

In the end, we have to trust the people. Blair’s constitutional reforms were successfully implemented due to stealth and the fact that their consequences were unpredictable. Opposing forces in Britain will have their guard up if a similar power dispersal was attempted in the future. It is also wrong in principle to tie the hands of future generations by trying to lock in things we think are desirable. Conservatism is, in my view, a reverence for the gradual, the empirical and the traditional. This was criminally violated by the Blairites and a restoration would return us, more or less to a settlement that was created by these three sensible and cautious principles. If future generations want to throw it all away again, more fool them, but we can’t and shouldn’t imprison their political aspirations. We must have faith that the policies and principles we favour work and produce a happier society. And that a restoration would return us to the core democratic principle that what the majority wants, it gets.

I agree with you on almost everything you’ve said about Reform, Restore, Advance and ‘slopulism’ but I don’t think restorationists (certainly not all of them) are delusional or haven’t thought about implications. Certainly not Starkey. Please forgive me if I have mischaracterised, misunderstood, or straw-manned any of your positions. All the best Pete!

Expand full comment
Kat Harvey's avatar

Give them a chance. You are wrong about leadership. They both have better understanding of real leadership than the cheerleading shallowness of the much adored Nigel.

Remember the first principle of leadership is that boring quality, “Consistency”. (Principles of Leadership MOD). Both Lowe and Habib have that in spades. They have never changed their tunes nor deserted their posts.

Nigel flunks things at the last minute time and again, which is why thinking people don’t trust him. We’ve looked at his past record, including his performance on EU Parliament Committees and found him seriously wanting.

Reform is a wolf in sheep’s clothing and will likely be engineering to bring us our first Muslim Prime Minister. That doesn’t preclude them winning strategic votes from doubters but don’t dismiss the dissenters. They may be the only ones to save us later on. They may be the only ones with integrity.

Expand full comment
32 more comments...

No posts