‘Nations stumble upon establishments, which are indeed the result of human action,
but not the execution of any human design.’
Adam Ferguson, An Essay on the History of Civil Society (1767)
Showing posts with label Rule of Law. Show all posts
Showing posts with label Rule of Law. Show all posts

02 August 2017

On the Record | Bastille Day equals Brexit Day

Please see my latest post for The Quarterly Review, ‘Bastille Day equals Brexit Day’:

Freedom lovers around the world celebrate Bastille Day (14th July) in recognition of the rights of man and ‘liberté, égalité, fraternité’. As many on the Continent believe, the French Revolution was the pivotal event in the rise of the individual against the entrenched power of the Crown, the aristocratic court, and the privileges of the Roman ‘Gallic’ Church. But the irony is lost by those who fight Britain’s exit from the European Union, particularly the leadership in the devolved regions of Scotland and Wales, whose preference, it seems, is to live under foreign-dominating EU law than the domestic laws of the United Kingdom.

For Brexit minister David Davis, the process is merely procedural. ‘We’re bringing into law 40 years of law. It is putting into British law what was European law. So then, after that, we can change it if we want to,’ Davis told a BBC interviewer. ‘Any material change will be in primary legislation. It’s only technical matters that will go through the statutory instrument and even then the House of Commons will have its say.’ But critics are less accommodating, calling it a ‘naked power grab.’ Most annoyed are leaders of two devolved regions, Scotland’s Nicola Sturgeon and Carwyn Jones in Wales. They argue that the European Union (Withdrawal) Bill returns authority from Brussels to Westminster and sidesteps their assemblies, contrary to assurances of co-operation from the Government — which is under no legal obligation to consult them. (Far better for prime minister Tony Blair, during the Westminster devolution period, to have returned more power to the people and rethought the wisdom of setting up additional power centres among the ‘united kingdoms’.)

One cannot help but marvel that this leadership was against Brexit, and now wishes to remain under the EU jurisdiction of the Single Market and Customs Union. But the irony of choosing to live under the European legal yoke would not have been lost on Margaret Thatcher.

Read more . . .

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My thanks to editor Dr Leslie Jones of The Quarterly Review.

11 October 2016

On the Record | Trump’s Churchill Moment

Please see my latest post for the Quarterly Review, ‘Trump’s Churchill Moment’:

Donald Trump ‘explained’ Churchill to me. And, after the first Trump-Clinton presidential debate, Churchill reciprocated the favour.

The fame of Sir Winston Churchill, who served in several Cabinet offices and was twice prime minister, left me cold, for which I harboured feelings of shame and regret. His life and times certainly fascinated, but I was by no means a Churchill aficionado. Why did I not revere this Conservative hero as so many others did? Why did I not honour him as the greatest statesman of the twentieth century?

Definitely the man had a flair with words — his political speeches are highly quotable and his numerous biographies and histories written with a compelling simplicity. Indeed, Churchill was awarded the 1953 Nobel Prize for Literature for his multi-volume histories of the Second World War and of the ‘English-Speaking Peoples’.

Yet his political record was chequered. In 1900, Churchill entered Parliament as a Conservative representative, crossing the floor four years later to join the pro-free-trade Liberals. Not to be outdone, he re-crossed — and re-joined the Conservatives in 1924, saying famously: ‘Anyone can rat, but it takes a certain amount of ingenuity to re-rat.’

Fluid party identity was the least of Churchill’s sins. His achievements in government were blemished by failure: inept tactical planning during World War I; returning post-war sterling to the gold standard at unrealistic convertibility; helping to precipitate the General Strike; opposing independence for India; and even losing the 1945 election after denouncing Clement Attlee’s Labour platform for requiring ‘Gestapo-like’ measures. Oxford historian and sometime Tory MP, the late Robert Rhodes James, in his Churchill: A Study in Failure, 1900–1939, chronicled the general public’s ambivalent assessment of Sir Winston’s early career. Why, I wondered still, the universal acclaim?

Read more . . .

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The wire above was written before the release of Trump’s ‘locker room’ comments Friday (eleven years after they were caught on a ‘hot mic’) and before his stupendous second debate Sunday night against Hillary Clinton. Public support remains firm.

A Politico/Morning Consult poll conducted after the remarks were leaked ‘found that 74 percent of Republican voters said GOP leaders should stick by Mr. Trump’, The Washington Times recounts, while ‘about 41 percent told the pollsters that they would be more likely to support a candidate who continued to back Mr. Trump.’

Meanwhile, following Sunday’s debate, a ‘stunning’ new poll ‘showed Donald Trump has reclaimed the lead from Democratic opponent Hillary Clinton,’ The Times reports, ‘becoming the latest survey to suggest the GOP presidential nominee has put a bad month behind him.’ This latest CNN/ORC tally shows Trump enjoying a ‘2-percentage point lead in a national four-way race among likely voters’, with Republicans ‘likeliest to vote’ supporting Trump by 90 percent.

The ‘movement’ rolls on . . .

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My thanks to editor Dr Leslie Jones of the Quarterly Review.

08 May 2009

A Defence of Free Markets and the Rule of Law

A Reply to Chris Bowen’s ‘Neo-liberalism is dead as people realise markets need regulation (The Sunday Morning Herald, 6 May 2009)’:

Chris Bowen’s article on Phillip Blond’s progressive conservative philosophy highlights a welcome opportunity to set the market system within the aims of the common good.

An implication raised, however — ‘that markets work better with a degree of regulation’ — is that it is necessary to augment the conventional respect for rule of law: that all forms of regulation are treated either indifferently or with aversion by the market.

To the contrary, a case can be made that markets are only efficient when they abide by internal moral obligations. Abuses of capitalism are assaults upon its very own economic prescriptions.

A fractional banking system of catastrophic over-extension is a violation of the trust between depositor and lender, and whether a more sound basis of reserve ratios is maintained speaks more to the wisdom of regulators than with market prerequisites.

Likewise, monopolisation (animating Blond’s arguments for the wide distribution of property and capital) lies principally at the feet of regulatory intent, since a tenet of the open market is expansive consumer choice made possible by diverse entrepreneurial innovation.

We may be witnessing less the death of neo-liberalism than a renewed appreciation of the moral implications inherent in the free economy, and a determination that its imperatives are neither ignored nor manipulated for immoral gain.

[See DMI’s ‘Free Economy Plus]