Questions of intra-party democracy are in the UK news: so interesting to read this German perspective from @Verfassungsblog. verfassungsblog.de/after-the-unio…
In Germany, parties are required by law to have “bottom-up”, democratic structures, and to choose candidates accordingly.
A couple of reflections on that.
First, Germany is I think right expressly to recognise that, in a representative democracy, questions of intra-party democracy, at least for parties with a prospect of winning power, is not just an internal matter for those parties: it’s a question of constitutional importance.
(A point recognised also in the US, where you find extensive law regulating the way in which at least the 2 main parties have to choose their candidates.)
That isn’t necessarily a call for legislation: but it is a reminder that all of us, whether party members or not, are impacted by, and have a legitimate interest in, how our main parties choose their candidates for PM and to be MPs.
(Not least, in the case of MPs, because in our hapless voting system the majority of UK seats are so safe for one party or another that the choice of candidate by the dominant party is in effect the choice of MP.)
Second, the @Verfassungsblog article raises a problem that bedevils this area: declining memberships and participation.
There are two different risks here. One is that membership becomes dominated by careerists, unwilling to challenge the leadership (which the blog suggests is happening to the CDU).
The other is that it becomes dominated by those whose willingness to take the initiative to join and to pay money makes them unrepresentative of the broad coalition that any winning party in a representative democracy must represent to win power.
This fascinating survey by @UKandEU suggests that this is an issue for both main UK parties. ukandeu.ac.uk/wp-content/upl…
So what do you do about it? One member one vote solves the problem of decisions being taken by probably even more unrepresentative cliques (party officials; activists who are prepared to devote evenings to tedious meetings). But it doesn’t solve the problem of small memberships.
The parties can try to widen membership: but to widen it on their own efforts to the extent that they become broadly representative of their voters seems a lost cause.
But to return to my starting point: the internal operation of our major parties is a matter of constitutional concern for all of us. If our parties cannot solve these issues unaided there is therefore, potentially, a role for law.
In particular, one area worth thinking about is how the law could encourage joining political parties: and a law that encouraged people to that might also go some way to dealing with the vexed issue of political funding.
PS there is a (to my mind) separate issue about what you do in a parliamentary system if the membership chooses a leader whom the parliamentary party find unacceptable.
Both our main political parties have had that problem in the last 20 years (IDS; Corbyn): as usual, being unencumbered by principle, the Tories dealt with the issue more ruthlessly than Labour did.
In a parliamentary system, there is no getting around the fact that that is a serious problem: leaders in parliament can’t in the end operate effectively (and the day-to-day operation of our democracy suffers) if their own MPs don’t have confidence in them.
But FWIW I don’t think that getting rid of one member one vote can be the answer: as recent events have shown, that ship has sailed.
Moreover, the right to vote for the leader is now such an obvious benefit of joining a party that limiting it is likely to cut against the need to vastly increase membership.

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More from @GeorgePeretzQC

26 Sep
Not really a thread - and haven’t checked the detailed statements: but Schedule 3 to the Competition Act 1998 contains appropriate powers. legislation.gov.uk/ukpga/1998/41/…
(Order subject to annulment by either House: section 71(5)).
(These powers were, I think, used to allow certain types of cooperation between suppliers during the pandemic.)
Read 4 tweets
26 Sep
This is an important point on VAT post Brexit: that chancellors may well yield to pressure to extend exemptions and zero rates, reducing the VAT base.
NB too though that Brexit offers scope for tidying up often bizarre rules on food (biscuits/cake; crisps made from potato) without extending VAT to more food (something chancellors have been reluctant to do).
All though complicated by the NI Protocol, where the VAT directive still partly holds: change GB rules and the Irish Sea barrier gets that little bit higher.
Read 9 tweets
24 Sep
Would add to this excellent thread the point that using Article 16 as a response to complaints about Article 10 (as suggested by @eastantrimmp in the debate on the Subsidy Control Bill on Wednesday) is a non-starter.
The (relevant) threshold for using it is “serious economic difficulties that are likely to persist”. But it’s hard to see how such an argument could run in relation to Article 10.
The bottom line on Article 10 is that it requires certain measures to be approved by the Commission. But the Commission is able to take account of any “difficulties” to NI’s economy that the measure is designed to deal with in deciding whether to grant approval.
Read 4 tweets
24 Sep
Delighted to have contributed to this piece by @pmdfoster, in the excellent company of @CSBarnard24 and @SirJJQC. ft.com/content/e5a7c9…
Two main points about the current government’s proposals to revisit “retained EU law” (the mass of mainly technical but often important EU law that remains in force in the UK).
1. The somewhat hand-waving, “let’s seem to be doing something Brexity”, suggestion of changing its status vis-a-vis domestic legislation is simply unwise, for the reason well-summarised by Peter.
Read 11 tweets
17 Sep
I think that this by @IPPR is absolutely right. But NB the overlap with thinking about devolution and much stronger local government.
A critical devolution issue is local government finance: if you want seriously to devolve power to local level, you have to give it its own tax base, immune from Westminster’s tendency to grab power by fiddling around with finance.
And also immune to its tendency to concentrate all restrictions on public spending on local government, in the hope that Westminster will avoid responsibility for the consequences.
Read 12 tweets
14 Sep
For electoral reform specialists, this is a problem with the German (and Scottish and Welsh) system, as explained here. Essentially, that system fills ~1/2 the seats by FPTP, and then allocates the other half (list seats) so as to achieve an overall proportional result.
This is how it worked in Scotland last time: the SNP wins almost all the FPTP seats (fans of FPTP: note) but gets hardly any of the list seats, so as to bring its overall seat total to just under 50%.
But FPTP is easily capable of throwing up even madder results than that: in a multi party system, a party may win almost all the FPTP seats with ~30% of the vote, efficiently spread around, with the opposition split.
Read 9 tweets

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