Is big change coming to the EU?

Is big change coming to the EU?

I have been following the EU’s Conference on the Future of Europe, particularly its democracy chapter which has helped shape some thoughts. I was interested to note that the US’ route to a federal republic seemed to be a harbinger for the EU’s journey. I wrote, Subsidiarity, representation and human rights, which frankly got blown of course and became a review of Prof. Mark Stoler’s lecture on the US constitution. I had drawn inspiration from the original US restriction on direct taxation and the 10th amendment which defines the powers of the federal government and those of the States, although the 10th amendment also purports to constrain the States power by defining a right of subsidiarity to the people.

This article looks at the flawed route taken by the US Constitution and foresees with hope the EU’s [and the UK’s] adoption of new rules and rights.  …

Assembly sizes & legislative quality

Assembly sizes & legislative quality

Sean Jones, one of the UK’s top employment lawyers, tweeted about the quality of legislation and I made a reply. I do not exactly answer his question, but I think its worth thinking about parliaments in the context of the quality of legislation. Sean says,

I reply, “It’s an interesting question, I have two thoughts to offer. Firstly, the size of the parliament matters, small parliaments are captured by the executive, large parliaments make work for idle hands. This is exacerbated in the UK, in that the executive has been captured by one faction within the winning coalition.

Secondly, if one uses the 3√ rule, which I don’t, the EU Parliament is slightly under sized, and the Commons is too large; however, there is no [politically coherent] executive within the EU.

The other question that needs to be answered in both polities is that of effective devolution/subsidiarity. If the ambition is to take decisions as close to the people it effects as is possible, neither polity gets this right.

In this blog article, I add that in the UK, the legislature is controlled by the executive, and there is no entrenched human rights law to protect the people from a growing authoritarianism. The executive’s control of time and agenda in parliament is a key tool, as is the increased use of emergency legislative schedules.

It also contains citations to the 3√ rule and the UK’s lack of elected politicians.

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Subsidiarity, representation and human rights

Subsidiarity, representation and human rights

Despite the picture above, this is a short piece of comparative politics, comparing the US Constitution with that of the EU, taking in some lessons from the UK. I have just watched The Original Intent of the [US] Constitution by Prof. Mark Stoler. This taught me some things and this essay reviews these points and looks at lessons for the UK, the EU and the rest of the world.

I look at the “Separation of Powers” vs “Parliamentary Sovereignty”, note that checks and balances are designed to protect the [untitled] aristocracy against the mob, that without the Bill of Rights, the US Constitution may well not have been agreed. I note the desirability of a basic law, with the ability to amend, but not as flexibly as is the case in the UK. I look at constitutional inflexibility in the residual construction of the US Senate and the EU veto. I look at the need for federal taxation powers. I have concluded that parliaments need a freedom of action, and the freedom to negotiate between party programmes. The paradox is that they need to be constrained which is why we need human rights law.

The lecture to me reinforces the need for a subsidiarity guarantee within a constitution, including taxation powers, and a human rights guarantee, remembering that human right law is designed to protect you from the Government. Vetoes are a topic for another day, although much of the failings in the US Constitution can be placed at the door of single seat constituencies, including the Presidency, elected by simple plurality, or indirectly in the case of the Presidency. I say more overleaf ….