Tag: Property Rights

The Tories Don’t Deserve To Win – Labour Deserves To Lose

Neither the Tories, with their statist, triangulating Manifesto, nor Labour, with its destructive socialist vision, deserve victory in this General Election

In a few hours, this General Election will be all over bar the results and their consequences.  Yet the usual anticipation of Election Night is muted by an almost palpable sense of relief at the approaching end of a campaign offering such a lacklustre, uninspiring choice.

For Theresa May and the Tories  it was supposed to be the Brexit Election: where, wanting both a bigger Parliamentary majority and her own popular mandate to implement it, she would offer a vision of a Britain mitigating the risks but also exploiting the advantages from recovering political and economic sovereignty.

Both, paradoxically, dictate some loosening of State and regulatory shackles on the economy, a facilitation of innovation and entrepreneurship: especially as the economy inevitably goes through a period of uncertainty and flux as powers are repatriated and trading relationships either reset or forged from new. But that isn’t what we’ve got.

The first intimations were reasonably heartening, But then came the Manifesto.

2017 Manifesto on Core Beliefs

Disparaging talk of “untrammeled free markets”, belief in “the good that government can do”, and abhorrence of “inequality”. The context leaves little room for doubt that the offer to voters is one of an interventionist State, concerned not so much with opportunities, but with outcomes.  

Further on, we are promised an Industrial Policy, a National Productivity Investment Fund, worker representation on boards, and a commitment to continue spending 0.7% of GDP on virtue-signalling foreign aid.

Finally, we get to this Greenery-gullible horror. Yet it accompanies a pledge to give British voters “the lowest energy costs in Europe”, notwithstanding that those two aims are mutually incompatible.

Worse still, it’s to be achieved, not by slashing Green taxes and encouraging more competition among energy providers via supply-side measures, but by capping prices: the same policy that, as recently as 2015, the Tories rightly damned as economically-illiterate when included in Labour’s election manifesto by Green-Left Red Ed Miliband.

So, in aggregate, a largely social-democratic policy programme, advocating a version of active-state Rhenish corporatism that would not look out of place in the manifesto of any milquetoast European Christian-Democratic party.

One can speculate endlessly on the reasons why. Possibly they lie in the fact that May is an instinctive paternalist (should that be “maternalist”, I wonder?) technocrat who’s unconvinced of, as Martin Durkin puts it, the potential of free markets to liberate and enrich.

Perhaps, because Labour has gone so far Left, she was persuaded that a Clinton-Blair style triangulation, with the Tories parking their tanks on “moderate” Labour’s lawn, would work electorally. Maybe she was afraid of frightening off the 2 or 3 million Labour voters who voted for Brexit and want to see it happen, and also the One-Nation tendency in her own party still looking for any excuse to derail Brexit. Who knows?

Then there’s been the campaign itself. May  – and it has been almost exclusively May, from battle-bus, through campaign literature, to media, and all points in between – has come across as by turns either robotically evasive, or uncomfortable and unconvincing when pressed on detail.

The forced U-turn on Social Care brought her campaigning deficiencies into sharp focus, but combine that with her natural somewhat leaden, flat-footed demeanour, plus a requirement to face an inquisitorial public & press far more often than she’s ever had to do before, and the result has been, not failure, but certainly sub-par performance.

Both she and her Party, have emerged from the campaign diminished, and not just in opinion-poll ratings, either. “Strong and Stable” has become something of a stick to beat her with. The whole thing has been rather insipid, disappointing, and very far from enthusing.

Consideration of Corbynite-Labour’s hard-Left manifesto need not take us as long. “Insipid” isn’t a description that could remotely be applied to it: “terrifying” or “economically-catastrophic” hardly begins to cover it, such is the red-in-tooth-and-claw programme that unrepentant socialist Jeremy Corbyn has in mind for the country.

The appalling consequences of a Corbyn-led Labour government have comprehensively dissected, with this by Andrew Lilico being merely one of the latest.   

As Lilico points out, fiscally and economically Labour would impose on Britain the highest level of taxation since World War II: the nationalisation, almost certainly without compensation, of the most important industries: a return to widespread (and excess) unionisation: deliberately punitive taxes on financial services designed specifically to deter private capital: and the effective collectivisation of private business property through imposing public interest duties inimical to both private property rights and commercial interest.

Moving from the general to the particular, just one example can suffice to show hard-Left Corbynism’s economic wrong-headedness. Despite favouring continued uncontrolled mass immigration, Labour proposes to deal with the housing shortage by a price-cap on new houses.  

All that that is likely to achieve is a shortage of new houses. If Labour really wanted to boost the supply of low-cost new houses, it would pledge to ease planning restrictions, not threaten to impose State price and even purchaser – priority to State employees, naturally – controls on builders. 

Non-economically, a Corbyn-led Labour government would see restrictions on the police, the reduction of the Army to a notional force only, and the withdrawal of Britain from its role in international security.

And this before even considering the implications of Corbyn’s 30+-year record of not only sympathy but vocal backing for all manner of anti-British, anti-Western groups, including those engaged in active terrorism, even on British soil.

And thus we come to the end of a singularly uninspiring campaign on what should have been the most important election in Britain for decades. The great issue for which it was ostensibly called to reinforce has been barely discussed beyond trite soundbites and banal generalities.

Hard-Left Labour certainly deserves to lose this election, and lose it heavily: but the Conservatives, on their manifesto and especially on their stuttering and lacklustre campaign, really don’t deserve to win it, either.

Thoroughly agree with this article? Vehemently disagree with it?

Scroll down to leave a comment

Follow A Libertarian Rebel on Twitter

Delicious Save this on Delicious

A Matter of Law and Liberty

The EU Referendum debate has not paid enough attention to the risk to our liberty-based legal traditions implicit in a Remain vote

Post-Brexit trade deals of varying merit. Immigration. The effect of a Brexit on the UK economy. These are the matters that have dominated the EU Referendum debate.

But the list contains one glaring omission. Almost nowhere has there been discussed the risk that a Remain vote, and its near-certain consequence of deeper integration into the EU, poses to the individual-liberty based English legal tradition.

EU legal gavelBecause part of the EU’s overall aim is explicitly to create a specifically EU corpus juris  and what it openly calls a “common legal space”: an expanding both geographical jurisdiction and body of law applicable within it, made by, and administered by, the EU at supranational level.

As ever with the democracy-averse EU, though, the project proceeds both by increments and by stealth, with its ultimate objective not disclosed, because it knows that, were it to be openly proposed in one fell swoop, the voters of member-states would reject it out of hand. But its aim is nothing less than a body of pan-EU law will eventually supplant that of nation-states.

This poses an especially enormous problem for the UK, because of our fundamentally hugely-different legal tradition. Our common law grew from the ground up: it developed through individual judges adjudicating on the individual real-life cases brought before them, weighing the facts on the ground, and making decisions which became precedents over time. Indeed, much of our statute law enacted via the legislature, rather than by judicial decision, has traceable common-law roots.

economic-freedom-index-world-2010_mapThe common law, based on individual liberty, enforcement of property rights, freedom of contract, separation of legislature and judiciary, and protection of the individual from the arbitrary caprices of state and government, is arguably our greatest-ever export. That the Anglosphere countries whose legal systems are based on it have consistently formed some of the freest and most prosperous societies on the planet isn’t an accident, but a discernible consequence of it.

Continental countries, in contrast, have to a much greater extent opted for an entirely different legal tradition of codified law, more often originating in the rarified air of abstract political philosophy, rather than grounded in the gritty, often untidy, reality of peoples’ actual lives, interactions and contracts.

The Continental legal tradition reflects a vision of law, liberty, personal rights, and crucially the relationship between state and individual, that is elementally inimical to our common-law and liberty-based tradition: a conflict summed up in the most frequently observed distinction that in the English tradition you may generally do anything which is not specifically prohibited, as opposed to the Continental tradition, where you may generally do nothing that is not specifically permitted.

Yet it’s that Continental tradition that informs the legal systems of the vast majority of EU member-states and which the EU’s corpus juris will overwhelmingly reflect. That shouldn’t be surprising: the EU is, after all, nothing if not a deliberately statist, top-down, technocratic, democracy-circumventing project, and for its legal system not also to conform to that philosophy would be an astonishing inconsistency.

Scales of Justice EnglishBut it’s into that illiberal tradition that a vote to Remain in the EU will consign us. Or, more likely, condemn us. In prospect are the subsumption of some the most cherished institutions and protections of our English common-law liberty – habeas corpus: the right to know the charges arraigned against you: the right to expeditious justice: the right to face your accusers in public court: the right to be tried by a jury of your peers, not by state-appointed judges – into the Continental legal tradition where these are either absent, muted, or susceptible to being set aside on the grounds of State expediency.

The law of the jurisdiction of England and Wales, whether common law or statute, doesn’t belong to MPs, much less to Ministers or Government. It belongs to us, the people. When we send MPs to Westminster, we don’t transfer ownership or possession of our law to them: we merely delegate them temporary custody of it and political responsibilty for its administration – nothing more. The law of England and Wales is not the exclusive property of transient Government or MPs to jettison, abandon or give away to another polity, without our specific consent.

Anglosphere 1We aren’t “European”. Our core values, beliefs & legal traditions give us far more in common with our Anglosphere first cousins. The Continental tradition of codified law & centralised statism is fundamentally inimical to Anglosphere ideas of freedom & liberty. Throughout our history, we’ve chosen different solutions to these fundamental questions than have our European neighbours: solutions developed ground-up, rooted in individual liberty & lived experience, not derived from abstract theory of political philosophy.

It’s that rich heritage that we still have a couple of hours to retrieve and re-energise.

Thoroughly agree with this article? Vehemently disagree with it?

Scroll down to leave a comment

Follow A Libertarian Rebel on Twitter

Delicious Save this on Delicious