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	<title>Comments on: The long-standing dominance of party</title>
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	<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/</link>
	<description>Life and Work in the House of Lords</description>
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		<title>By: Kyle Mulholland</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5316</link>
		<dc:creator>Kyle Mulholland</dc:creator>
		<pubDate>Fri, 04 Sep 2009 22:28:59 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5316</guid>
		<description>I gather than Mr Hannan can speak various foreign languages.  I recommend that he make use of them and leave England.

Even easier, he seems to have a lot of fawning admirers in the crownless United States, perhaps he could move there.</description>
		<content:encoded><![CDATA[<p>I gather than Mr Hannan can speak various foreign languages.  I recommend that he make use of them and leave England.</p>
<p>Even easier, he seems to have a lot of fawning admirers in the crownless United States, perhaps he could move there.</p>
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		<title>By: franksummers3ba</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5315</link>
		<dc:creator>franksummers3ba</dc:creator>
		<pubDate>Fri, 04 Sep 2009 00:42:44 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5315</guid>
		<description>Checks and balances certainly play a valuable role in what I would call constitutional architecture. However, the EU is unique in human history in many ways in my opinion. Its potenetial is very vast. Such potential can create its own destiny. Words like destiny make moderns uncomfortable which makes it harder to resist a real case of destiny when it comes out to play.</description>
		<content:encoded><![CDATA[<p>Checks and balances certainly play a valuable role in what I would call constitutional architecture. However, the EU is unique in human history in many ways in my opinion. Its potenetial is very vast. Such potential can create its own destiny. Words like destiny make moderns uncomfortable which makes it harder to resist a real case of destiny when it comes out to play.</p>
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		<title>By: Senex</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5314</link>
		<dc:creator>Senex</dc:creator>
		<pubDate>Thu, 03 Sep 2009 16:27:28 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5314</guid>
		<description>Frank: The problem for everybody in the EU is the sheer scale and complexity of it. I think many have a KISS attitude to further progress. I would like to give Commons money bills a similar KISS from an empowered HoL. However, I fear MP’s will say: KISS, my ass.</description>
		<content:encoded><![CDATA[<p>Frank: The problem for everybody in the EU is the sheer scale and complexity of it. I think many have a KISS attitude to further progress. I would like to give Commons money bills a similar KISS from an empowered HoL. However, I fear MP’s will say: KISS, my ass.</p>
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		<title>By: lordnorton</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5313</link>
		<dc:creator>lordnorton</dc:creator>
		<pubDate>Thu, 03 Sep 2009 11:54:32 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5313</guid>
		<description>Dave: You are quite right that the doctrine of parliamentary sovereignty is under challenge.  It has been under challenge for some time from those who query Dicey&#039;s interpretation of the doctrine and is now queried in respect of our membership of the EU. Though it still appears to be the case that most jurists accept that if Parliament repealed the European Communities Act 1972, the courts would enforce that, there are some who now challenge this assumption.

Devil&#039;s Kitchen: I would be interested to know the empirical base for your claim.

steves: You express what many assume to be the case, that is, with the rise of the career politician comes enhanced party loyalty and slavish devotion to the whips.  In fact, as the number of career politicians has increased (as shown in the works of Professor Anthony King and Peter Riddell) so has the willingness of MPs to vote against their own party (as shown in my own work and that of Phil Cowley).  Dissenting votes by MPs have reached an unprecedented level.  Though various policy competences have passed to the EU, and to various bodies within the UK, there remains a substantial body of public policy determined by the UK Government: Parliament&#039;s role remains crucial in calling government to account and, indeed, checking the various developments that you mention.  A great deal has actually been done in this regard.

Franksummers3ba: I am surprised your comments have not attracted a response from some of our readers who - how shall I put it? - do not necessarily share your interpretation.  The Constitutional Treaty was designed to push the EU in part in the direction you indicate.  I still regard the nation state as the fundamental unit.  There is not yet a European demos and I would be wary of moving away from the level of government to which people feel the closest.</description>
		<content:encoded><![CDATA[<p>Dave: You are quite right that the doctrine of parliamentary sovereignty is under challenge.  It has been under challenge for some time from those who query Dicey&#8217;s interpretation of the doctrine and is now queried in respect of our membership of the EU. Though it still appears to be the case that most jurists accept that if Parliament repealed the European Communities Act 1972, the courts would enforce that, there are some who now challenge this assumption.</p>
<p>Devil&#8217;s Kitchen: I would be interested to know the empirical base for your claim.</p>
<p>steves: You express what many assume to be the case, that is, with the rise of the career politician comes enhanced party loyalty and slavish devotion to the whips.  In fact, as the number of career politicians has increased (as shown in the works of Professor Anthony King and Peter Riddell) so has the willingness of MPs to vote against their own party (as shown in my own work and that of Phil Cowley).  Dissenting votes by MPs have reached an unprecedented level.  Though various policy competences have passed to the EU, and to various bodies within the UK, there remains a substantial body of public policy determined by the UK Government: Parliament&#8217;s role remains crucial in calling government to account and, indeed, checking the various developments that you mention.  A great deal has actually been done in this regard.</p>
<p>Franksummers3ba: I am surprised your comments have not attracted a response from some of our readers who &#8211; how shall I put it? &#8211; do not necessarily share your interpretation.  The Constitutional Treaty was designed to push the EU in part in the direction you indicate.  I still regard the nation state as the fundamental unit.  There is not yet a European demos and I would be wary of moving away from the level of government to which people feel the closest.</p>
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		<title>By: franksummers3ba</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5312</link>
		<dc:creator>franksummers3ba</dc:creator>
		<pubDate>Wed, 02 Sep 2009 20:55:46 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5312</guid>
		<description>The European Union is truly an impressive achievement. I think that in the world at large it is one of the least understood of the powerful institutions reshaping the future. As it grows and exerts more influence the British parliament will increasingly feel the pressure of its institutions and those who are more attached to them. Parties will certainly be transformed in many ways.
The European Union Constitution makes no reference to Christianity per se as I recall. The EU has no seat in any part of the United Nations. The EU has never won or lost a war that I am really aware of and has no royal family or nobility that I know of at all. It has never paid reparations, suffered a humiliating defeat or cavorted about the  world stage as a pompous fool. It is an infant composed of members who are mature. As I watch from America I expect to see the UK transformed increasingly by the EU.

From an objective or a moral point of view I cannot be sure the EU should not triumph over all. However, of many possibilities which could have occurred I think the dominance of the EU is one of those least likely to coincide with what I would once have called my interests. While Lord Norton is no stranger to the EU I wonder how much the different views of party expressed in his sort of debate with DH have to do with the subtle emergence of a new political culture. Europe has much that can unite it but nobody should expect that there will not be vast geopolitical cosequences of rising EU importance which are not fully foreseen by anyone -- including the EU.</description>
		<content:encoded><![CDATA[<p>The European Union is truly an impressive achievement. I think that in the world at large it is one of the least understood of the powerful institutions reshaping the future. As it grows and exerts more influence the British parliament will increasingly feel the pressure of its institutions and those who are more attached to them. Parties will certainly be transformed in many ways.<br />
The European Union Constitution makes no reference to Christianity per se as I recall. The EU has no seat in any part of the United Nations. The EU has never won or lost a war that I am really aware of and has no royal family or nobility that I know of at all. It has never paid reparations, suffered a humiliating defeat or cavorted about the  world stage as a pompous fool. It is an infant composed of members who are mature. As I watch from America I expect to see the UK transformed increasingly by the EU.</p>
<p>From an objective or a moral point of view I cannot be sure the EU should not triumph over all. However, of many possibilities which could have occurred I think the dominance of the EU is one of those least likely to coincide with what I would once have called my interests. While Lord Norton is no stranger to the EU I wonder how much the different views of party expressed in his sort of debate with DH have to do with the subtle emergence of a new political culture. Europe has much that can unite it but nobody should expect that there will not be vast geopolitical cosequences of rising EU importance which are not fully foreseen by anyone &#8212; including the EU.</p>
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		<title>By: steves</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5311</link>
		<dc:creator>steves</dc:creator>
		<pubDate>Wed, 02 Sep 2009 19:40:47 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5311</guid>
		<description>We have three major problems with the house of commons

the rise of the professional political animal - who&#039;s only way forward is to eb a party creature for advancemment, with no hope of life in the real world (the public sector and fake charity world is the only alternative) - this means all mps have to toe the line or be unemployed

the house of commons had abrogated its powers either to the EU, Quango&#039;s or teh deveolved parliaments, and so is an overpaid under worked rubber stamp where self importatnt minows strut and believe that by passing more useless laws they are somehow in power

whats needed are less goverment, less regulation, part time poorly paid mp&#039;s and a return to liberty</description>
		<content:encoded><![CDATA[<p>We have three major problems with the house of commons</p>
<p>the rise of the professional political animal &#8211; who&#8217;s only way forward is to eb a party creature for advancemment, with no hope of life in the real world (the public sector and fake charity world is the only alternative) &#8211; this means all mps have to toe the line or be unemployed</p>
<p>the house of commons had abrogated its powers either to the EU, Quango&#8217;s or teh deveolved parliaments, and so is an overpaid under worked rubber stamp where self importatnt minows strut and believe that by passing more useless laws they are somehow in power</p>
<p>whats needed are less goverment, less regulation, part time poorly paid mp&#8217;s and a return to liberty</p>
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		<title>By: Devil's Kitchen</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5310</link>
		<dc:creator>Devil's Kitchen</dc:creator>
		<pubDate>Wed, 02 Sep 2009 12:28:57 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5310</guid>
		<description>&lt;i&gt;&quot;As Richard Crossman put it, party organisation replaced organised corruption.&quot;&lt;/i&gt;

We have, of course, progressed substantially since that time: now we have organised party corruption.

DK</description>
		<content:encoded><![CDATA[<p><i>&#8220;As Richard Crossman put it, party organisation replaced organised corruption.&#8221;</i></p>
<p>We have, of course, progressed substantially since that time: now we have organised party corruption.</p>
<p>DK</p>
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		<title>By: Dave</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5309</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Mon, 31 Aug 2009 21:46:40 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5309</guid>
		<description>Lord Norton: Yes, you are correct about my misunderstanding of the concept of parliamentary sovereignty. In mitigation: it is a common misuse of the term. What is actually meant is that MPs should not be unduly subordinate to government (or to their respective party whips).

Parliamentary sovereignty is becoming a theoretical concept as more powers are devolved to regional parliaments and to the EU; incorporation of international laws, and the proposed establishment of a Supreme Court. You may counterclaim that parliament can repeal any of the acts that give effect to the preceding but the reality is that is what has become the theoretical concept. The UK parliament will not revoke a treaty simply because it wants to assert its sovereignty over an area where the EU now exercises that sovereignty.

Hannan, I suspect, feels that more voices should be raised in objection to this process of undermining parliamentary sovereignty; and that promoting a culture where MPs speak more freely serves that purpose. I&#039;m not so certain.</description>
		<content:encoded><![CDATA[<p>Lord Norton: Yes, you are correct about my misunderstanding of the concept of parliamentary sovereignty. In mitigation: it is a common misuse of the term. What is actually meant is that MPs should not be unduly subordinate to government (or to their respective party whips).</p>
<p>Parliamentary sovereignty is becoming a theoretical concept as more powers are devolved to regional parliaments and to the EU; incorporation of international laws, and the proposed establishment of a Supreme Court. You may counterclaim that parliament can repeal any of the acts that give effect to the preceding but the reality is that is what has become the theoretical concept. The UK parliament will not revoke a treaty simply because it wants to assert its sovereignty over an area where the EU now exercises that sovereignty.</p>
<p>Hannan, I suspect, feels that more voices should be raised in objection to this process of undermining parliamentary sovereignty; and that promoting a culture where MPs speak more freely serves that purpose. I&#8217;m not so certain.</p>
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		<title>By: lordnorton</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5308</link>
		<dc:creator>lordnorton</dc:creator>
		<pubDate>Mon, 31 Aug 2009 20:07:13 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5308</guid>
		<description>Dave: The article links voice and vote and the same problem applies: there was no &#039;golden age&#039; of MPs speaking freely.  The whips in past decades were not averse to noting what was reported in the local press. Also, you misunderstand the concept of parliamentary sovereignty: the doctrine applies to the outputs of Parliament qua Parliament.</description>
		<content:encoded><![CDATA[<p>Dave: The article links voice and vote and the same problem applies: there was no &#8216;golden age&#8217; of MPs speaking freely.  The whips in past decades were not averse to noting what was reported in the local press. Also, you misunderstand the concept of parliamentary sovereignty: the doctrine applies to the outputs of Parliament qua Parliament.</p>
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		<title>By: Dave</title>
		<link>http://lordsoftheblog.net/2009/08/28/the-long-standing-dominance-of-party/comment-page-1/#comment-5307</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Mon, 31 Aug 2009 13:39:27 +0000</pubDate>
		<guid isPermaLink="false">http://lordsoftheblog.net/?p=3433#comment-5307</guid>
		<description>Lord Norton: Thank you for replying. You are correct on the detail, but you come close to erecting a straw man by focusing on the practice of MPs voting against the government as the means by which MPs assert the sovereignty of parliament when Mr Hannan is arguing for a broader focus for MPs dissent, e.g. that they should not be cowered by fear of retribution from their party if they do not proffer the party line in media interviews.

In his case, he is not an MP, so that means of expressing his dissent from his party&#039;s line and asserting parliamentary sovereignty is not available to him. He, however, has left the sting of party retribution in the form of an ad hominem attack from his party leader in regard to his remarks about the NHS and from others who seek to make political capital from his comments. He is basically arguing for a more liberal approach from the Whips and the media, et al, in regard to the quality of political debate (on which you are both agreed).

It is not always desirable that MPs should vote against the government (along party lines) simply to promote the interests of the constituents that they were elected to represent (where the regional interest conflicts with the national interest). National affairs would be unmanageable without a party whip, so loyalty is needed as a general rule.

So, his point is broader than the narrower focus you apply.</description>
		<content:encoded><![CDATA[<p>Lord Norton: Thank you for replying. You are correct on the detail, but you come close to erecting a straw man by focusing on the practice of MPs voting against the government as the means by which MPs assert the sovereignty of parliament when Mr Hannan is arguing for a broader focus for MPs dissent, e.g. that they should not be cowered by fear of retribution from their party if they do not proffer the party line in media interviews.</p>
<p>In his case, he is not an MP, so that means of expressing his dissent from his party&#8217;s line and asserting parliamentary sovereignty is not available to him. He, however, has left the sting of party retribution in the form of an ad hominem attack from his party leader in regard to his remarks about the NHS and from others who seek to make political capital from his comments. He is basically arguing for a more liberal approach from the Whips and the media, et al, in regard to the quality of political debate (on which you are both agreed).</p>
<p>It is not always desirable that MPs should vote against the government (along party lines) simply to promote the interests of the constituents that they were elected to represent (where the regional interest conflicts with the national interest). National affairs would be unmanageable without a party whip, so loyalty is needed as a general rule.</p>
<p>So, his point is broader than the narrower focus you apply.</p>
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