Utopia, you are standing in it!

Anyone with the temerity to tip a bucket on the subsidised wind and solar scam is soon removed from the public square by Big Tech, their online personas “vaporized” and their writings relegated to the “memory hole”.

George Orwell conjured up his nightmare world of malicious bureaucrats engaged in pernicious mind control in his novel, 1984.

At the time 1984 hit bookshelves in 1949, it was largely taken as a warning; directed at avoiding a future dominated by a malign few, at the expense of a pliant and gullible many. As the Iron Curtin descended across Europe, many took it as an analogue of the “how to” manual used by the Iron-Fisted, Communist regimes that ran the Soviet Bloc.

These days – as the great “Greenblob” (just the latest tribe of Neo-Marxists hell-bent on destroying free-market democracy from within) infects every aspect of political life and…

Alan Whysall was a panellist in the session on Northern Ireland at the Unit’s State of the Constitution conference on 23 June. This revision of his talk draws on his paper for the Unit on Northern Ireland’s Political Future, and its accompanying blogpost. He argues that stable power-sharing can only return through good faith inclusive negotiation – which is not a part of London’s current approach – and a reinforcement of the foundations of the Belfast/Good Friday Agreement.

It is essential to bring all the Belfast/Good Friday Agreement institutions back as soon as possible: that unlocks the potential for political progress. Without the institutions, polarisation grows; the longer they are away, the harder ultimately the Agreement settlement is to sustain. And there is no alternative as a framework for the stable government of Northern Ireland.

Devolution still has wide popular support and the political class has a strong…

(And other economics agencies of government, but the Reserve Bank should be the highest priority given the extent of the decline and the substantive importance/powers of the institution.)

On Friday my post focused on the (severe) limitations of the members of the new Reserve Bank Board. Together, they look as though they would be a well-qualified (perhaps a touch over-qualified) group for the board of trustees at a high-decile high school……but this is the central bank and prudential regulator.

I had a couple of responses suggesting that, if anything, I was pulling my punches, understating the severity of the situation, when it came to the Reserve Bank. One person, who preferred to remain nameless (having high level associations with entities the Bank regulates), indicated that I was free to use their comments provided it was without attribution. These were the comments:

The situation is parlous: inept, multi-focussed but wrong focus…

The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.

Convention rights are embedded in the Scottish constitution. The Scottish Parliament cannot legislate, and Scottish Ministers cannot act, in any way which is incompatible with those rights (SA ss. 29(2)(d), 53,54,57(2)).

The SA is largely independent of the HRA.

Questions whether provisions in an Act of the Scottish Parliament are incompatible, or Scottish Ministers have acted incompatibly, with Convention rights are usually determined by proceedings under the SA but they can also be determined under the HRA. (Somerville v The Scottish Ministers[2007] UKHL 44: and my article ‘Remedies under the Scotland Act: Implications ofSomerville’ 2007 SLT, 40, 289-294).

There are now similar provisions in both Acts regarding, title and interest, time limits and damages (SA ss. 100(1),(3), (3B) and HRA ss 7(1) (5) and…

The other day I got into a debate on the internet about the name of the Kingdom after the passing of the Act of Union of 1707 which united England and Scotland.

I was under the impression that this new Kingdom was simply called “Great Britain” or the “Kingdom of Great Britain” and Queen Anne’s title becoming “Queen of Great Britain and Ireland.”

Anne, Queen of Great Britain and Ireland

At the time Ireland was not joined to Great Britain but was in personal union with the sovereign and didn’t politically join Great Britain until the Act of Union of 1801. Therefore in 1801 the country then became known as “The United Kingdom of Great Britain and Ireland” and the sovereigns title reflected that change.

Now my internet debating friend insisted that the name of the kingdom after the Act of Union of 1707 became ” The United Kingdom of…

On 28 June 2022, the Scottish First Minister announced that the Lord Advocate had made a reference to the UK Supreme Court on whether a Bill for a consultative referendum on Scottish independence would fall within the Scottish Parliament’s legislative competence. Although there has already been much discussion  on the issue of legislative competence (see here, here and here), this post argues that consultative referendums have a broader constitutional significance that might impact both the determination of competence and the steps that will follow the court’s ruling.

Consultative and determinative referendums

Consultative referendums do not have direct legal consequences. Notable examples in the UK include the 2014 referendum on Scottish independence and the 2016 Brexit referendum. In both cases, the enabling statute for the referendum was silent as to the consequences of the result. Consultative referendums are contrasted with binding or ‘determinative’ referendums (asTierneyterms them) in which…

Concerns about the health of UK democracy and the risk of democratic backsliding are rising. Meg Russell, Alan Renwick and Lisa James warn that MPs, who are the ultimate democratic safeguard, cannot afford to be complacent if we wish to prevent backsliding and safeguard our democracy.

Commentators, civil society groups, think tanks and academics are increasingly warning about the health of UK democracy. Such warnings often draw on the concept of ‘democratic backsliding’.

But what is democratic backsliding? And is there good reason to worry about a risk of it in the UK?

What is democratic backsliding?

Democratic backsliding is, in its simplest form, the process by which a state becomes gradually less democratic over time. Scholars emphasise that no cataclysmic state collapse or overthrow is required for backsliding to take place; instead, it is a gradual process, coming about through actions of democratically elected leaders.

Democratic backsliding…

In this clip from an interview with Chile’s Axel Kaiser, I discuss “Wagner’s Law” and the lessons to be learned from fiscal policy in Western Europe.

If you don’t want to watch the video, my discussion can be summarized in three sentences.

• Yes, welfare states in Western Europe are comparatively rich by world standards.
• But those  countries became rich when they had relatively small governments.
• Adopting high taxes and big welfare states has since stunted their economic growth.

And here’s a fourth sentence that I should have mentioned.

• They compensate for bad fiscal policy by having laissez-faire policies in other areas.

I expect that some people won’t accept my argument without some supporting evidence, so I’m going to share some charts.

We’ll start with this chart from Our World in Data. As you can see, nations in Western Europe has almost no welfare states prior to…