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March 24, 2006

I think they're turning Portuguese

Earlier in the week, Jon posted this summary of a bill before Parliament in England. I grew up in England, and I still have friends and relatives there, which makes me anything but a disinterested observer.

For those reasons, and a few others, I read the bill with great concern, concerns I have put together in I think they’re turning Portuguese: The stealthy emasculation of the royal prerogative and the expansion of executive power in Britain. This essay examines the scope of the bill, its internal protections, and its effect, concluding that this represents a major (and unwise) change in the British Constitution, undertaken either by stealth or without consideration of the consequences, depending on whether its consequences are intentional or accidental. I also examine the Constitutions of Britain's twelve Maasctricht co-signatories and find that such a commingling of the legislative and executive functions is so far beyond the mainstream of European constitutional norms that it would be unconstitional in every other Maastricht signatory but Portugal (hence the title)

This is still very much a draft, and I would welcome feedback and comments.

We are so used to the idea that human progress is an "excelsior ratchet," a constant process of moving onwards and upwards, that we are loath to contemplate the idea that a major western country in this day and age could become more authoritarian, but however well-intentioned its genesis, I think that is exactly what this bill opens the door to.

Posted by Simon at March 24, 2006 05:56 PM
Comments

The more I read about this, the more I think of a return to allowing dictatorial powers that was prevalent in many pre-WWII European systems. Of course, you see what that got.

This is an incredibally bad idea. While Blair may not abuse such power (just as likely that he will), some other PM could wreck all kinds of havoc before Parliament could reign them in.

I think history has shown that supreme executive power is not a good idea in most cases.

Posted by: Jim M at March 24, 2006 07:16 PM

I would really like to hear a clear statement about this from the Blair administration, to hear from them just what the hell they were thinking.

Posted by: PatHMV at March 24, 2006 09:36 PM
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