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The manual is hardly a subject to pump adrenalin. Yet its very obscurity holds the key to its significance. In setting out a summary of existing constitutional practices, it arguably infiltrates a change in the conventions concerning the resignation of the Prime Minister which, if accepted, will lead Britain further to abandon the Westminster model in favour of a Continental European one. Even in its preliminary form, the Cabinet Manual arguably influenced the structure of negotiations between the political parties after the 2010 general elections and helped the Liberal Democrats achieve their key aim: the AV referendum.

My case is that the manual is a significant feature of an accumulation of reforms which are destroying the British constitution.

In countries where the fundamental rules of politics are contained in a single constitutional document, it frequently falls to judges to decide whether laws enacted by the legislature or actions of the executive conform to the constitution. Constitutions thus give authority to judges, who themselves are unelected and who may be unaccountable. Traditionally, the UK has limited the role of the judiciary over fundamental political matters. The system of parliamentary sovereignty is fundamental to the British political order. Constitutional measures have the status of ordinary laws which may be amended or abolished by a bare majority in each chamber of Parliament.

Thus, the monumental decision taken by the House of Commons in 1972 that the UK should become a member of the European Economic Community (subsequently the European Union) was taken by a threadbare majority. The referendum that followed too was decided by simple majority.

The achilles heel of the traditional UK constitution is that it contains no inbuilt protection against casual, surreptitious reform.

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Sean McHale
April 5th, 2011
12:04 PM
This is anti-democratic nonsense. The author argues that reforms are being pushed through with little consultation yet there is a REFERENDUM on AV. It seems quite the opposite of non-consultation. What's more, Labour, the Lib Dems, the Greens & UKIP all advocated electoral reform in their election manifestos. The people voted for change. The author seems to want to constitutionally protect what he would vote for. His argument is a greater threat to democracy.

Obreption
March 31st, 2011
5:03 PM
This is a well-argued case. It certainly convinced me that AV has been neither worthy or thoughtfully argued. There is a huge waste of money and nothing will be gained apart from employment of some very third rate journalists and psephologists. I had used the collective term 'tsunami' before the Japanese earthquake and have resisted doing it since. You have pointed out a magic circle much in the same way as Alan Clark described in his diaries in Oman. If anything has shown the errors of allowing a third party to work its 'magic' it has been Clegg, who apart from pulling the wool over his own party, had pulled the wool over the electorate. I thought I was alone - this article should be directed at every LibDem councillor, agitator to make them ashamed. The word liberal has been scorned in Germany in the local elections. I can only hope that the British public will ensure that Clegg and his chums never get their hands on our tax money again. If anything, the term "AV" has sullied a useful shorthand for some Hindu philosophy (advita vedanta). Now that IS the ultimate reality!

Anonymous
March 31st, 2011
1:03 PM
Case in point: Several broadsheets reported last week that discussions are being held in the Conservative Party about the need to ‘shore up’ support for Clegg by agreeing to selected LibDem policies, should the they get a thrashing in the forthcoming local elections, and ‘even more shoring up’ should there be a ‘no’ to AV. All to save his skin, and consequently the coalition. In other words, the weaker a party becomes and the less popular with the electorate they are supposed to represent they become – the more influence they will have in setting the coalition government’s agenda. This is the surreal world of coalition politics that AV will cement for good. Should there be a ‘yes’ to AV - Cameron’s relentless pursuit of power (seemingly at any cost) might well spell the end to strong majority governments (and particularly Tory ones) for the foreseeable future. For that alone he deserves to be deposed as leader.

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