[net.legal] British Institutions of Government: Reply to Frank Adams

jmg@sftig.UUCP (J.McGhee) (02/07/86)

	Frank Adams has repeatedly asserted the claim that England's
"constitutional monarchy" is a democracy. To answer this I quote someone who
has lived under British Rule throughout his life. In his book (published by
Mercier Press) "An End to Silence", Reverend Desmond Wilson states:

		"The Northern Ireland situation is represented as a great
	British democracy - one of the greatest in the world - standing at
	a great cost to itself between undemocratic warring factions there.
		But the British system of government cannot properly be called
	a modern democracy.... For example, no modern democrat is likely to
	accept an hereditary monarchy irrevocably attached to a single rich
	and powerful family, the most militarist in the European Community.
	We read with dismay about military juntas in other countries but the
	existence in Britain of an exceptionally rich royal family whose
	members are highly placed in the armed forces never excites even a
	comment.
		That a monarch can be at one and the same time head of the
	armed forces, head of state and head of a state church may seem little
	more than a quaint ritualistic survival of past glory, but since the
	powers of the monarch within the British system are great, ill-defined
	and not controlled by a written constitution, what we are dealing with
	in Britain is not, in this particular case, a modern democracy so much
	as a modified, archaic and still powerful monarchical system of
	government.
		If we were to read of the wife of some dictator in a dynastic
	South American dictatorship acting in all these capacities, we would
	murmur about the nature of the regime. When it happens in Britain we
	seem to have an inbuilt desire to believe somehow it must be all right.
	The queen mother as an admiral of the fleet or the husband of the queen
	as the head of the armed forces contrasts with the provisions of the
	Irish Constitution (1937) which vests supreme command of the armed
	forces in a president elected by the people, not in a rich family whose
	powers pass on from mother and father to sons and daughters whether
	people approve of them or not.
		The upper house in the British parliamentary system is also
	undemocratic. There is no other nation in the European Community which
	allows an upper house that is unelected and consists largely of rich
	landowners to have any effective say in the making of their laws.
	Under the Irish Constitution such an institution is impossible. The
	desire to portray the British system of government as superior and the
	Irish as inferior has prevented any discussion of the nature of the
	British political system.
		The upper house of the British parliamentary system consists
	of about 1,000 lords, most of whom have their titles and wealth by
	hereditary succession. Comparatively few members are 'life peers',
	that is, men and women who are not aristocrats but are placed in the
	House of Lords to give it a more democratic appearance and to
	introduce an element of the popular voice.
		The life peers are chosen by the prime minister and other party
	leaders and created by the monarch and so are a strictly controlled
	group in quality and numbers. In some cases life peers have been
	created who had already been rejected by the vote of the people.
	Lord Fitt, for example, was made a life peer in 1983 having been
	rejected by the voters of West Belfast that same year.
		It is argued that the House of Lords has little power. If
	it has any power at all over the making of laws, then by this much its
	influence in the British system is undemocratic. As I have already
	said, there is no other nation in the European Community which allows
	a house of rich landowners and state-appointed churchmen to have an
	almost final say in the passing of its laws; laws have to be approved
	by the unelected lords and final approval must given by the hereditary
	monarch.
		Irish people may remember in this connection that on one
	occasion (1893) it was not the British people who prevented home
	rule (independent government) for Ireland, not the British cabinet,
	not even the British Commons elected by the people; it was the
	unelected House of Lords.
		No modern democracy would willingly tolerate a state church.
	In Britain there is a state church whose bishops are appointed by
	the monarch on the advice of the prime minister of the day. One or
	both could be agnostics but nevertheless they appoint the Christian
	bishops of the state (Anglican) church. In return twenty-six of the
	state-appointed bishops are allowed to sit and to vote in the House
	of Lords.
		In Ireland there is no state church. The recognition given
	to the Catholic church in the 1937 Constitution - that it was the
	guardian of the faith of the majority of Irish citizens - was
	considered by the people as going much too far and deleted. When we
	discuss the sectarian nature of the Irish state as against the widely
	assumed pluralist nature of the British state, such things are never
	mentioned.
		British political writers do not know the full extent nor the
	precise nature of the powers which the monarch has in her Privy
	Council. The Privy Council consisting of some 300 people chosen by the
	monarch herself can make decisions which are, as the word 'privy'
	denotes, secret. Members of the Privy Council take an oath of secrecy
	about their discussions. The British accept it and are powerless to
	change it.
		We speak of the 'British' government but what we are actually
	dealing with is an English government. Most of the members of the
	British cabinet are elected for English constituencies. There is
	a Secretary of State for Scotland, one for Wales and one for Northern
	Ireland, but while they have powers which exceed anyone else's in these
	areas, in the cabinet they have practically no power at all. The
	Secretary of State for Northern Ireland is not even Irish. The
	important posts in cabinet are held by members elected by English
	people for English constituencies.
		Northern Ireland is a corrupt state... When our institutions,
	courts, parliament, police and churches fail to do what they were
	founded to do they are inefficient - but when they turn upside down
	and do the opposite of what they were intended to do they are corrupt;
	courts which dispense injustice, parliaments which work for the
	advantage of only a section of the people, police who attack rather
	than defend, churches which contribute not to human dignity but to
	human pain.
		To say the state is corrupt is not necessarily to blame the
	people; politicians and churchmen there have consistently failed to
	create an idealism which would match that of the people as a whole.
	But now in the North of Ireland lawyers admit that the courts condemn
	the innocent, churchmen admit that more and more Christians are finding
	their way out of churches rather than unbelievers into them, torture
	has been used, is being used, to extract confessions of guilt while
	many citizens believe that if they call it 'ill-treatment' it ceases
	to be wrong..."




	"These people know nothing of democracy."

					- Margaret Thatcher

garry@batcomputer.TN.CORNELL.EDU (Garry Wiegand) (02/12/86)

In a recent article jmg@sftig.UUCP (J.McGhee) wrote:
>
>	Frank Adams has repeatedly asserted the claim that England's
>"constitutional monarchy" is a democracy. To answer this I quote someone who
>has lived under British Rule throughout his life. In his book (published by
>Mercier Press) "An End to Silence", Reverend Desmond Wilson states:
>...

British history is not one of my specialties, but the Reverend's complaints
about British democracy sound trite. In particular:


The Queen: 
    On paper, the Queen still has power. On paper! But custom is everything
    in British government, especially in constitutional law. And the custom
    is that monarch is powerless. To me it seems nice that the British people 
    are pleased to keep around a token reminder of their long history; but 
    the monarchy nowadays is nothing more than that: a nicety. (I can see that 
    to the Irish the Queen might be an emotional reminder of *their* history 
    too. But Mr. Wilson claimed to be arguing legalities, not emotions.)

The Lords:
    The same argument about custom and power versus paper applies. But the 
    Lords don't even have the power on paper anymore! I seem to recall that 
    it was the Irish Question itself around the turn of the century that 
    caused their last hurrah, before Commons cut them off. (I can see why 
    the Lords too might still cause emotional memories.)

Church of England:
    Where has anyone ever said that a democracy MUST not touch a religion??
    Speaking as an American, it does seem like a good idea, but it's not
    a requirement! The British are not prima facie guilty of being 
    undemocratic merely because of the *existence* of Anglican church. 
    I'd be willing to listen to better reasoning and examples on the
    subject. (This century, if you please.)

and, "Corruption":
    Strong emotional words were used. Strong emotional words, standing all by
    themselves, do not persuade.
    

I understand the militant Northern Irish have to persuade us that the
British government is, right now, illegitimate. (If the militants
couldn't succeed at that, they would rank as merely another minority
that would use violence to force its views upon everyone else.)

But complaining about the House of Lords is awfully feeble!


Justifications to the side, the British government sitting in London to the 
side, please perform a "thought experiment" with me:

    If Northern Ireland were sovereign unto itself, and the people
    who live in that geographical region had a chance to freely choose their 
    form of government, and to choose whether to associate themselves with 
    G.B., with Ireland, or with no one, tell me honestly: is there any possible 
    outcome in which they would not still hate each other, and throw bombs? 

    If not, perhaps the northern end of the island deserves to sink into 
    the sea... soon as I rescue a friend I have there.
    
Tell me more. My ideas are not set in stone.

Yours truly,

garry wiegand
garry%cadif-oak@cu-arpa.cs.cornell.edu

PS - Would any net.legal people like to enlighten us further on the British
     constitution? I'm not properly competent. (We need a net.history!)

foy@aero.ARPA (Richard Foy) (02/12/86)

I usually don't read postings over 100 lines long. I am glad that I read
this one. This has brought a lot of information together in a manner that
has given me a lot better understanding of The United Kingdom.

Thank you.