Abstract
It remains a curious paradox in Britain’s political history, that despite being the party which established the basis for a universal democratic way of life through the creation of the Welfare State and the National Health Service, the Labour Party has, until recently, remained relatively unconcerned with constitutional matters. Of course, there have been some exceptions, for example, the Wilson governments of the 1960s and ‘70s were responsible for both the creation of the Parliamentary Ombudsman and the introduction of legislation to confront racial and sexual discrimination. But it remains striking that agendas of constitutional reform which have struck at the heart of British democratic elitism; the ‘Crown in Parliament’ forged through the sovereignty of the executive, have failed to gain the backing of the party leadership, at least when Labour has been in government. This has largely been a function of what Anthony Wright (1990, p. 323) has termed the Labour Party’s ‘history of satisfaction’ with Britain’s constitutional arrangements. This chapter reviews the evidence in support of this characterization of Labour’s constitutional doctrine. It begins with a presentation of the key components of Britain’s constitutional doctrine and proceeds to a discussion of the political ideas of the party’s key constitutional thinkers.
All sorts of enticing proposals will be made from time to time for socialist support. Amendments in electoral laws, amendments in legislative methods — all apparently reasonable, all apparently just — will entice socialists. And yet they will probably not bear examination. They may be but will-o′-the-wisps leading into bogs those who foolishly follow.
Ramsay MacDonald, 1909.
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Notes
See D. Beetham (ed.), Defining and Measuring Democracy (London: Sage, 1994).
D. Marsh and T. Tant, ‘There is no alternative: Mrs Thatcher and the British Political Tradition’, Essex Papers in Politics and Government, No. 69 (Colchester: Department of Government, 1989).
A.H. Birch, Representative and Responsible Government (London: Allen and Unwin, 1979), p. 14.
Ibid.
See H. Drucker, Doctrine and Ethos in the Labour Party (London: Allen and Unwin, 1979), p. 68 for the former and L. Kolakowski, Main Currents of Marxism, Vol. 2: The Golden Age (OUP: Oxford, 1978), p. 98, for the latter. See T. Jones, Remaking the Labour Party (London: Routledge, 1996) for a full discussion.
E. Bernstein, Evolutionary Socialism (New York: Schoken Books, 1961); W.H. Greenleaf, The British Political Tradition, Vol. 2 The Ideological Heritage (London: Methuen, 1990) and L. Kolakowski, Main Currents of Marxism, Vol. 2: The Golden Age (OUP: Oxford, 1978).
See: H. Laski, A Grammar of Politics (London: Allen and Unwin, 1925); S. Cripps, Can Socialism Come by Constitutional Methods? (London: Socialist League, 1933); W.I. Jennings, Parliamentary Reform (Oxford: New Fabian Bureau, 1934); and, A. Crosland, The Future of Socialism (London: Cape, 1956).
See T. Benn’s: Arguments for Socialism (London: Cape, 1979); Arguments for Democracy (London: Cape, 1981); and, Parliament, People and Power (London: Verso/New Left Review 1982).
G.D.H. Cole (1889–1959): distinguished Labour historian, leading Fabian and creator of Guild Socialism; author of Self Government in Industry (London: Bell, 1917), and, A Plan for Britain (London: Clarion Press, 1932).
Beatrice Webb (née Potter) (1858–1943) and Sydney Webb (1859–1947): pioneers of British social and economic reform; joint authors of A Constitution for the Socialist Commonwealth of Great Britain (Cambridge: Cambridge University Press, 1975 [1920]), The History of Trade Unionism (1894) and Industrial Democracy (1897); and, founders of the London School of Economics and of the New Statesman. Sydney Webb was: Labour MP for Seaham, 1922–9; President of the Board of Trade, 1924; Secretary of State for Dominion Affairs, 1929–30; Secretary of State for the Colonies, 1930–1; and, he was elevated to a life peerage as 1st Baron Passfield, 1929.
Sir Richard Stafford Cripps (1889–1952): Labour MP for Bristol East, later South East, 1931–50; Solicitor-General, 1930–1; Lord Privy Seal and Leader of the House of Commons, 1942; President of the Board of Trade, 1945–7; and, Chancellor of the Exchequer, 1947–50. Author of Can Socialism Come by Constitutional Methods? (London: Socialist League, 1933).
Sir William Ivor Jennings (1903–1965): celebrated constitutional lawyer and author of The Law and the Constitution, 1933, Cabinet Government 1936, Parliament, 1939 and Party Politics, 1960; Vice Chancellor of University College, Ceylon, 1942–55; Master of Trinity College and Downing Prof essor of the Laws of England University of cambridge 1954–65
Harold Laski (1893–1950): political scientist, economist and political activist; Prof essor of Political Science, London School of Economics, 1926–50; Executive member of the Fabian Society, 1922–6; Chair of the Labour Party, 1945–6; author of amongst others: Studies in the Problem of Sovereignty (London: Allen and Unwin, 1917); Authority in the Modern State (London: Allen and Unwin, 1919); and, Democracy in Crisis (London: Allen and Unwin, 1933).
See H. Laski, Democracy in Crisis (London: Allen and Unwin, 1933).
See B. Jessop, ‘Capitalism and Democracy: the Best Possible Shell?(’, in G. Littlejohn et al (eds), Power and the State (Croom Helm: London, 1978), pp. 10–51.
A. Crosland (1918–77): Labour MP for South Gloucestershire, 1950–5; Labour MP for Grimsby, 1959–77; Secretary of State for Education, 1965–7; President of the Board of Trade, 1967–9; Secretary of State for Local Government and Planning, 1969–70; and, Secretary of State for the Environment, 1974–6. Author of The Future of Socialism (London: Cape, 1956) and Socialism Now (London: Cape, 1974).
Herbert Morrison (1885–1965): Mayor of Hackney, 1919; Labour MP for Hackney South, 1922–31; Labour MP for Lambeth, 1935–59; Member of the War Cabinet, 1942–5; Home Secretary, 1940–5; Leader of the House of Commons, 1945–50; Deputy Leader of the Labour Party, 1951–5; Foreign Secretary, 1951; and, author of Government and Parliament, 1954. He was made Baron Morrison of Lambeth (life Peer) in 1959.
Roy Hattersley, The Guardian. 12 December 1989
Roy Hattersley quoted in Charter 88, Citizens (London: Charter 88), p. 6.
The Fabian Society, Ruskin College Oxford, 6 January 1990.
Ibid.
Ibid.
See: C. Pateman, Participation and Democratic Theory (Cambridge: Cambridge University Press, 1970); R. Dahl, A Preface to Economic Democracy (Cambridge: Polity Press, 1985); D. Held, Models of Democracy (Cambridge: Polity Press, 1987); and, D Held, Political Theory and the Modern State (Cambridge: Polity Press, 1989).
See A. Lester et al., ‘A British Bill of Rights(’, IPPR Paper, 1 (London: IPPR, 1990) and A. Lester et al., The Constitution of the United Kingdom (London: IPPR, 1991).
See M. Evans, Charter 88: A Successful Challenge to the British Political Tradition? (Aldershot: Dartmouth, 1995), for a full discussion of the emergence and development of C’harter 88
See amongt others, The Guardian: Anthony Lester ‘A Charter for Freedoms(’, 19 December 1988; Salman Rushdie, ‘Why we shouldn’t swallow hogwash(’, 16 January 1989; and Michael Zander ‘Real Power to the People(’, 9 May 1990. See the New Statesman and Society: Patrick Dunleavy ‘Send her Victorious(’, 16 September 1988; Stuart Weir ‘Democracy Lives(’, 24 April 1989; Anthony Barnett ‘An Open Letter to Neil Kinnock(’, 27 April 1990; and, Bernard Crick ‘A Reform too Far for Kinnock(’, 17 May 1990.
John Patten MP, ‘The Constitution(’, Hansard, 22 December 1988; Roy Hattersley, ‘The Charter of Despair(’, The Guardian, 12 December 1988 and John Griffith, ‘Liberties that need curbing(’, ‘Letters(’, The Guardian, 5 June 1990.
For example, see for The Guardian, A. Travis, ‘Survey among Labour candidates in 102 marginals indicates wind of change(’, 27 March 1991; Editorial, ‘Punch drunk Cinderellas at the accountability ball(’, 2 May 1991; M. Linton, ‘Labour dips toe in waters of electoral reform(’, 9 July 1991; and, for The Independent: A. Barnett, Letters, ‘Ban on Democracy(’, 8 February 1991; P. Hennessy ,‘Far-reaching proposals bite the bullet on crucial issues(’, 16 September 1991; and B. Crick, ‘Charter 88(’s misjudged Democracy Day(’, 5 December 1991.
T. Benn, Arguments for Democracy (London: Cape, 1981), p. 173.
Ibid, p. 4.
W. Bagehot, The English Constitution (London: Fontana, 1963).
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Evans, M. (2003). Constitutional Doctrine and Revisionism in the Labour Party. In: Constitution-Making and the Labour Party. Palgrave Macmillan, London. https://doi.org/10.1057/9780230502260_2
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