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Friday the 13th
Odd thing superstition, it makes reasonable and seemingly rational people think and behave in the most irrational and inexplicable manner. Always we notice these behaviours and thoughts in other people, but so many of us carry in the back of our minds equally irrational ideas and beliefs. We hear of football club managers who always wear the same clothes at a game, athletes that engage in the same pre-game routine and of course, politicians who act in certain ways during their election campaign. For the rest of us there are ladders in the street, black cats, that we may avoid or there are dates in the calendar that we take notice. Friday the 13th is one of those Anglo-Saxon dates that people take notice of.
I am sure that some of my historian friends will be able to give a good account of the origin of the unfortunate date, but I can only go with the “official tradition” of Jesus, the 13th student, (Judas) and his subsequent arrest on the Friday before the Crucifixion. The day, somehow, became one of those that we notice, even when we are not superstitious. There is even a psychologically recognised fear of the date Triskaidekaphobia; which in Greek means the fear of 13! Of course social fears are blended with wider social anxieties, whether that is the fear of the unknown or the realisation that in life, there are things that we have little control of.
In the days leading up to this Friday the 13th we engaged with political discussions about what direction the country shall take. The health service, the justice system, the state’s responsibility, all the way to welfare and the state of the union, were all eclipsed by one topic that has dominated discourses, that of the execution of leave from the European Union commonly known as Brexit. Ironically the “exit” preface was used before for Greece (Grexit), and Italy (Italexit) but seems that Brexit has won the battle of the modern lexicon. The previous “exits” where used as a cautionary tale for the countries being forced out of the union, whilst Brexit is about leaving the Union.
Having considered all the issues, this one issue became the impetus for people to give politicians a mandate. Complete this issue before and above all the rest. It is an issue likened to a divorce, given a texture, (soft/hard) and has even been seen as the reason for generational conflicts. Therefore the expectation is clear now . Leave the European Union, and then let’s see what we can do next. The message is fairly clear and the expectation is palpable. Beliefs and hopes of the people narrowed down to one political move that shall terminate membership to the European Union. Of course there are subsequent questions and issues that this act of national defiance may come with. As for the state of the Union, that may have to be the next thing we discuss. This follow up conversation may not be as welcome, but it is definitely interesting. If joining the EU back in 1975, warranted a discussion, then the 1536 Act of Union may become the next topic for conversation. As for healthcare, justice, education and welfare, we may have to wait a little bit more longer. Whether this will mark Friday 13th December 2019 as a date of fortune or misfortune, that is yet to be decided, but that is the same for every day of the week.
Just for your records and for the Triskaidekaphobians out there, the next Friday the 13 is in March 2020 followed by the one in November 2020. Just saying…
Constitutional Crisis? What Crisis
Dr Stephen O’Brien is the Dean for the Faculty of Health, Education and Society at the University of Northampton
Over the past few weeks our political lexicon has been further developed. We have all learned a new word. The word in question is prorogation. Hands up who had heard of this term before recent events in parliament? I see very few hands up. What we all now know is that this is the term that defines the discontinuation of a session of a parliament or other legislative assembly without dissolving it. It means parliament’s sitting is suspended and it ends all current legislation under discussion. It is usual for this to happen every autumn. The current prorogation is for five weeks and includes a three-week period that would typically be recess anyway, during which the Liberal Democrat, Labour and Conservative party conferences are held, but is nevertheless longer than usual. However, there are several highly irregular factors at play here. For prorogation to last more than a month is unprecedented in recent times. For example, since the 1980s prorogation has typically lasted less than a week. So, what is going on and why is this prorogation proving to be so contentious?
The heart of the matter is the issue that has dominated UK politics for the past three years, namely Brexit. Despite a vote to leave the European Union (EU) back in June 2016 we currently remain part of the EU with the deal negotiated under the previous prime minister Theresa May culminating in a withdrawal agreement that was soundly rejected by parliament on several occasions. This has set up tensions between the people and parliament. How do we enact the will of the people and honour the referendum result within a parliamentary democracy where there is no majority for any Leave deal on the table?
The new prime minister Boris Johnson and his cabinet are resolved to break the political impasse by leaving come what may “do or die” by October 31st, 2019. So, with the country rapidly approaching the deadline for leaving the EU, Parliament has been working to pass a law that would prevent the UK crashing out without a deal, regardless of the fact that Boris Johnson has promised to leave on that date. With no deal currently agreed and no law allowing a no deal exit the Government would be obliged to ask the EU for another extension. There are suggestions from some quarters that the Government might ignore any law requiring them to agree an extension with the EU. Given this situation some politicians have been dismayed that parliament will not be sitting while the situation remains unresolved. Hence the view that this prorogation is stifling parliamentary debate on the most crucial political issue in a generation.
The act of prorogation took place in the early hours of Tuesday September 10th with a ceremony involving a message from the Queen being read in the House of Lords and then Black Rod summoning MPs from the Commons. A list of all the bills passed by the parliament was read, followed by a speech on behalf of the Queen announcing what has been achieved by the government before MPs were sent home. Johnson intends for parliament to return on 14 October with a Queen’s speech, which he says will “bring forward an ambitious new legislative programme for MPs’ approval”. He will then almost immediately have to head to Europe for the vital EU council, which is the last chance for him to obtain a new Brexit deal or to ask for an extension of article 50.
The situation has been deemed a constitutional crisis by some and the fact that parliament is not sitting at this critical time is being seen by some as undemocratic, indeed unlawful. Indeed, the act of prorogation has been subject to judicial review for the past couple of weeks. Scottish appeal court judges declared Boris Johnson’s decision to suspend parliament in the run-up to the October Brexit deadline unlawful. The three judges, chaired by Lord Carloway, Scotland’s most senior judge, overturned an earlier ruling that the courts did not have the power to interfere in the prime minister’s political decision to prorogue parliament. The key issue in question being whether the act was in breach of the constitution, as it was designed to stifle parliamentary debate and action on Brexit.
Regardless of the legal arguments which ended up being played out in three dramatic days this week in the Supreme Court the Brexit process and endgame has pointed up a range of tensions at the intersections of our constitution. The old political landscape is being swept away and being replaced by a much more complex set of political indicators. Left versus Right which had been making a comeback after years of centrist neo-liberalism has been replaced by Leave versus Remain which pervades across the old battle lines. Furthermore, other tensions are apparent as set out below.
- People versus Parliament (How to deliver the referendum result in a parliamentary democracy)
- Executive (Government) versus Parliament (especially when the executive has no overall voting majority)
- The Executive versus the Judiciary
- The position of the Judiciary as related to Constitution
- Politics versus The Law
- The roles and power relationships of the Executive, Parliament and the Judiciary as related to The Constitution.
What the overall Brexit process has created is a new socio-political landscape in the UK, with distinct differences in each of the four countries. It also illustrates how complex the nature of our constitution is given there is no written version and we depend on precedent and convention. The intersections are thrown into sharp relief by the current “crisis”.
Whilst all of this may be concerning as the old order shifts the really concerning question is whether the Executive will abide by the law. Given the outcomes of Parliament in terms of blocking “no deal” regardless of the Supreme Court Judgement on the legality of the prorogation. So, will we leave EU on October 31st? Utilising classic political phraseology, I’d say there is still all to play for, it’s too close to call and all bets are off.
Dr Stephen O’Brien