Thursday 3 October 2019

The English Constitution Explained, I: Introduction


The English Constitution Explained
Contents
Parliament and its Sovereignty
The Rule of Law
Convention and Law
Decline and Fall

Introduction
In the midst of its final collapse and death1, it has become clear how thoroughly misunderstood the English Constitution has been by its beneficiaries and supposed guardians. Of course, insomuch as the entire tendency both of our nation's educational system and the grand political project to which we have been attached for the last 40-something years has been to dissolve our connection with the past, our knowledge of ourselves, we ought not be surprised that we have become not merely unmoored from our constitutional system, but also become – even amongst our lawyerly class – utterly ignorant of it. The purpose of these essays will be, then, to offer an explanation of where the English constitution comes from and what its main features are.

I should state three matters in this introduction that will save the reader much distress were they to be surprised by their discovery later on.

Firstly, I do not pretend this is a merely “neutral” explanation; in fact, I deny that there could be any such thing. As a rule of thumb, you may immediately distrust anyone who presents themselves as strictly neutral when reporting or explaining some matter, as if they had no grand ordering assumptions about reality or the nature of communication, let alone the facts at hand. I would also suggest that it is in fact undesirable for someone to seek to be merely “neutral”, insomuch as such an attitude is not just doomed, but unlikely to inject any vigour or passion to proceedings. As Chesterton put it, education is not a noun describing an object (like “kettle”) but a method (like “transmission”). No educational activity can be neutral, because the result of it lies in the content, chosen by the educator for its importance to achieve an end result. Ends are determined by values; values are never neutral.

However, I will seek to be balanced, just, and honest. Neutrality is no virtue, but justice and honesty are. Balance here means seeking to weigh matters in due proportion to their importance; justice means giving due time to competing views, where the views each have a claim on our time; honesty means not glossing over the lumps and bumps of the constitution too quickly, so as to suit the wider argument. But I am avowedly not neutral.

These essays constitute a defence of our constitution; they very likely will also be a very minor and unimportant obituary to it. They stem from a love of the way we have done things on this island for 800 or more years. Underlying them is a conviction that, for a people so fitted as we have been, our processes have been properly matched, and that recent large-scale deviations from them have been to our great detriment.

The nature of the discussion means it is hard to explain why I believe these things to be true without explaining the constitution itself, and even the explanation can only be a partial argument in its favour; my love is of the flourishing oak tree itself, not of a botanical abstraction. Even having lived at the foot of a lightning-shattered geriatric, as anyone my age has done their whole life, cannot wholly obscure its power and beauty from us; the roots still run deep; and perhaps one or two final acorns survived the strike and could fall to grow somewhere else.

This image brings me on to my second preliminary declaration: the English constitution relies upon authority, and a specific type of authority – that of tradition, of inheritance. Moreover, one is not to envision the great English philosophical and constitutional tradition as merely a set of dead rules, left to descendants entirely separated from their forebears. Our constitution is like any inheritance; the fine armoire in the corner is not just wood carved and decorated for the purpose of storage. It is alive with ghosts. So it is with our constitution now – even as we founder on the rocks, the water pours below, the rudder is wrecked, and the masts fall, Denzil Holles stands on the gun deck calling for men to the buckets; the Marquess of Halifax and Fitzjames Stephen gather marines to see off the scavengers and robbers now seeking to board us for our cargo; and Burke – most of all, Burke – stands on the quarterdeck, firm in the storm, seeing the narrow path forward to salvaging all, and directing the crew to what is needed to do so.

And if you don't know those names, look them up.

I have used the image of a tree to describe our constitution; let us return to that. The roots are deep – from Alfred and the Conquest and the Great Charter down to now. The tree has been carefully tended much of that time, with bad growths sawn off, with better branches carefully managed and trained to flourish in the right direction. There have been times of neglect, but it is still the same tree. We may dispute which strategy we think best to maintain the growth of the tree, but it is still the same tree. We, our ancestors, and our posterity all stand under the great branches which give us cover from sun and rain, which bear fruit for us to eat, and we debate – the dead and unborn not silent here – what is to be done. My great-grandchildren stand under that tree, and I exercise prudence on their behalf to maintain it, listening carefully to their quiet voices.

I warn you that this is what our constitution is for two reasons: 1) to protect the tender feelings of those loathers of authority and tradition who might faint at the idea if unwarned – I hope I thereby forestall any offence at such antiquated notions as tradition, coming as they do with the territory; 2) to assert the fact – and it is a fact – so as to make clear that my whole idea of nations and constitutions is both transcendent, not bound by time, particularly by one atomised moment in time, but grounded in eternity; yet also utterly immanent – the English constitution is not an abstract idea, or a proposal for anyone else, but the specific birthright of the English nation and its gift to the wider United Kingdom. This immanence further means – taking the image of the tree – that I am here seeking to trace the lineaments of the actual tree, of the right line of inheritance, of the great tradition; I will therefore be making judgements about what this is. In that, for instance, Charles Stuart and John Lilburne both will be considered minority voices, though undoubtedly they may still speak at the foot of the tree.

(I should note here, mentioning the United Kingdom that of course I am speaking of the English constitution; I grant my Scottish compatriots that, until 300 years ago, they had their own constitution, and their own workings of law, partially parallel to England and partially inspired by Continental models. The historic Irish constitution is more closely tied to England, but carries its own set of difficulties. Though I love our Union, and believe every part has benefited to greater or lesser extents since the Acts of Union, it must be granted that our friends will ultimately decide on their own arrangements, and that these may differ from the arrangements they have had for 300 and 200 years respectively. Different peoples are fitted for different institutions; sensible conservatism loves and affirms variety. It is with the common system, however – the English constitution – that I deal.)

Of course, all nations, all constitutions, all laws, rely upon this same concept of continuity and transmission – even where things have changed greatly, they are the same peoples with the same great tradition. As Orwell puts it, if we want to imagine how Spain now is the same as Spain in 1800, consider yourself – you are quite different now from when you were 5, but you are still the same organism. Without tradition having authority, political and social life is quite impossible, unless it be enforced by naked force – and that very force will destroy it.

Thirdly, this is an essentially theoretical work. I may, given time and reason, write about some proposals of restoration (which, I warn the reader, will be even more shocking and unpleasant than the use of the word “tradition”), but these essays are about what the English constitution has been. They are about what, before its present decline, maintained it and led it to flourish even after hundreds of years of development, so that Hallam could say in the early 19th century that it only then seemed to be reaching true blossom, after 600 or more years of growth.

As I have said, the theory is not simply a theory of the abstract; a theory of a theory. It is an attempt to “spectate” (thus the etymology of theory) upon the history of the thing. And a theoretical approach can accomplish multiple aims – not simply description, but defence, and of propagation; to return to what I said above about being just and honest, this includes being just to the dead whose estate we temporarily inhabit, and honestly romantic about our inheritance, which we have so nearly lost.

1 I begin writing this in September 2019.

No comments:

Post a Comment