Is the EU maintaining the Rule of Law?

In their haste to use ever greater state power to solve the problems caused by excess state power, the European nations intend, it appears, to use an EU institution, the ECJ, to arbitrate disputes under a non-EU treaty.

This may seem arcane, but EU matters always are. It’s one of the reasons democrats and lovers of liberty keep losing. The world long since ought to have learned that politicians must obey the law, in crisis as in routine. And yet it suits our masters to bend their own rules.

I look forward to the PM’s statement today.

The Rule of Law

Please note: this post was written at my request by Michael Dowsett, after yet another European policy which breached the Rule of Law, as classically understood. – Steve

The rule of law is a phrase which is widely used but perhaps little understood. Far from being merely the sum total of all the laws passed by a particular central or local administration plus courts to enforce them, the term ‘the rule of law’ draws on a higher concept of laws and practices which promote equality before the law, general and abstract rules for citizens and an independent judiciary.

So, where did the rule of law originate? What does it mean? And why is it relevant to the conduct of politics today?

‘An unjust law is no law’:

The principle was first seen in Ancient Rome and Ancient Greece that the laws under which citizens live should evolve gradually over time and not merely be decreed by sources of arbitrary power. For this reason, greater trust was put in the hands of the judiciary to develop law, through a process called common law: law developed through ‘case and precedent’ established through various cases. This approach was formed from a number of principles:

Accountability:

All are able to be equally held to account under the law, regardless of power status within the particular jurisdiction. As such, rulers are as liable to be held to account as ‘the ruled.’

Natural justice:

Natural justice implies that all laws are predictable so that an individual can be sure how they will be treated under the law, should they proceed with a particular action. In conjunction with this, the law should be clear and stable. It should also avoid retroactivity; that is judgement on the basis of laws which were only passed after the act in question was committed. As Bastiat states in The Law, the law of the land should be ‘negative,’ and not perpetuate injustice through retroactivity; or indeed the confiscation of liberty or property through regulation or redistribution of wealth.

The rule of law in practice

The application of the rule of law is multifaceted, and ranges from an independent judiciary to the conduct of economic policy. However, the core principle advocates of the rule of law would embrace is the assertion that its principles are incompatible with a planned society. As Hayek said in The Constitution of Liberty, although a person in a planned society “…is not fundamentally deprived of the use of his capacities; he is deprived of the possibility of using his knowledge for his own aims.” Fundamentally, the rule of law and a free society go hand in hand.

Defenders of the rule of law also advocate the adoption of written constitutions, such as the United States Constitution, to formally codify the duties and restrictions on the power of particular parts of government. In the absence of such formal written constitutions, a gradual creep towards an arbitrary use of power can occur, thus undermining the rule of law. The threat of such a development is only increased by the greater power now enjoyed by supra-national organisations, such as the European Union. The lack of democratic legitimacy and accountability the EU has helps to explain why it consistently seeks to acquire new competencies and powers through ‘ratchet clauses’ and similar mechanisms, which undermine the principles of predictability and generality at the heart of natural justice.

In conclusion, the rule of law is crucial to the functioning of a free and prosperous society. It is as relevant today as when the principles at its heart were developed in Ancient Greece and Rome. Governments should be vigilant that their actions and approaches to policy do not undermine the principles of ‘natural justice’ and should avoid the temptation to wield arbitrary power in the pursuit of political gain.

You can read more on these fundamental principles by downloading: Principles for a Free Society by Dr. Nigel Ashford.

The horror of the European Stability Mechanism

On the horror of the European Stability Mechanism:

The path on which the EU is embarked is not only profoundly anti-democratic but it also tramples the classical Rule of Law. The benefits of trade are tremendous but that shouldn’t stop us being concerned that our neighbours are headed this way.

The Treaty is here. It does at least provide for vetos over some of the worst decisions possible. Proposals for Euro breakup are here.

Online Library of Liberty – Freedom and the Law (LF ed.)

This weekend, I am speaking on the financial system at a conference in Bulgaria organised by Istituto Bruno Leoni. The tenor of the conference may be indicated by this abstract of Bruno Leoni’s Freedom and the Law:

The greatest obstacle to rule of law in our time, contends the author of this thought-provoking work, is the problem of overlegislation. In modern democratic societies, legislative bodies are increasingly usurping functions that were and should be exercised by individuals or groups rather than government. The result is an unwieldy surfeit of laws and regulations that by their sheer volume stifle individual freedom.

via the Online Library of Liberty – Freedom and the Law.

Looking forward to it. I’m currently in Vienna airport, en route, and it’s good to be in the city which incubated the Austrian School of social and economic thought.

FT.com – Why our masters insist on breaking the rules

Via FT.com – Why our masters insist on breaking the rules by Jamie Whyte, a brilliant article on the rule of law and how contemporary politicians are ignoring it:

Unlike the kings of yore, modern politicians cannot toss you in prison on a whim. But they can still impose debts on you. And, as with the kings of yore, their arbitrary powers are rarely used to benefit the little guy. In recent years, American, British and other European politicians have transferred the cost of poor financial decisions, amounting to trillions of dollars, from the influential people who made those mistakes to taxpayers who did not. If you refuse to cover the losses of those who lent to RBS, the Irish government and all the other failed but favoured enterprises, you will be imprisoned.

Given the press coverage of Steven Hester’s evidence to the Treasury Committee yesterday, it should be clear that the classical rule of law matters to everyone and that law should apply equally to all, irrespective of power or position.

Financial regulation and the deception of government intervention » The Cobden Centre

I have written today on financial regulation for The Cobden Centre:

In the aftermath of the financial crisis, we are now going down a road towards ‘judgement-based’ regulation of financial firms in an attempt to salvage capitalism.

It is proposed that firms will be supervised by what amount to shadow management teams of disinterested, public-spirited individuals more able to reach sound views than firms’ own management teams: they shall possess “the optimal experience and technical ability”.

Quite where these mythical philosopher kings are to be found, I do not know. Presumably, financial firms and regulators already hire the best people available. And the notion that the best people will work for the regulator despite inevitably higher rewards in the firms themselves is silly.

Read the rest of the article: Financial regulation and the deception of government intervention » The Cobden Centre.

Ofwat, Water UK, the Consumer Council for Water and The Managerial Revolution

In this article, I make the case that we live in a managerial society, one born in the tragedy of the first half of the twentieth century, and that it is this social system which is failing today. I also set out what can be done about it: the future is hopeful.

This morning, I watched on the BBC a fascinating series of interviews in connection with this story about water pricing:

Average water bills in England and Wales will be reduced slightly over the next five years, regulator Ofwat has announced.

It has ruled that typical bills will fall by £3 to £340 by 2015, before the impact of inflation is considered.

Of course, the interviews were not in themselves fascinating; they were fascinating for what they said about the way we have set up our society.

First, Ofwat’s Chief Executive explained with palpable enthusiasm what the regulator is going to do to the industry: force them to operate their businesses in certain ways, insist that there is a record amount available for investment, hold them to account and so on. Ofwat is of course a quango: its estimated expenditure for 2008-9 was £14,856,000.

At some point we heard the industry’s concerns. In September, Water UK, who are “working on behalf of the water industry towards a sustainable future”, said:

Unless Ofwat thinks again, the draft determinations will:

  • put at risk capital expenditure needed for the sustainability of water services;
  • delay service improvements consumers have requested and expect to be delivered;
  • reduce investors’ confidence in the financial stability of the sector leading to higher prices in the medium-term; and in consequence
  • provide a poor bargain for customers and society.

It might be worth reminding ourselves that there was a windfall tax on the utilities but we face an energy crisis: now we find the water industry saying, using jargon, that price controls threaten water supplies.

Returning to the BBC story, after Ofwat, we heard from the National Chair of the Consumer Council for Water, who explained how the Council would be standing up for consumers. Superficially, this is all very well — we would all like someone to stand up for us — but I immediately thought, “Is this a voluntary body of concerned consumers or a government body funded by the taxpayer?”

It is, of course, a government body, one with net operating costs of £5,836,000 in 2007-08.

We now wait for Water UK’s response to Ofwat’s announcement. We see a struggle of Titans in the media, all Titans funded by us: presumably operating Water UK costs the industry — and therefore all of us — a considerable sum every year (their accounts did not come immediately to hand).

So, in a nutshell and leaving aside indirect burdens, it appears the government is spending well over £20 million of our money every year just to deliver a ruling that we shall pay £3 a year less for water by 2015, ignoring inflation.

That will perhaps not come as a great comfort to the gentleman who was telling me recently that, at the age of 74, he is still paying income tax on the modest income he gleans from his savings and state pension. This is a man who worked and saved all his life.

He is right to be angry.

The nature of the system

Now, I have spent enough time with public servants to know that everyone means well. I know from personal contacts that senior civil servants are, on the whole, people of the very highest calibre, people of intellect and talent, good communicators with the best of motivations.

Nevertheless, the system which has been set up is one of conflict. Conflict between “the industry” (represented by Water UK), “the consumer” (represented by the Consumer Council for Water) and the regulator (Ofwat). It spends a great deal of money that we do not have.

Now, I do not propose in this article to prove whether this system is in any sense working or not: I attempt only to set out the pattern of our society and stimulate thought. Plenty of others have set out the case at length: see for example the Institute of Economic Affairs’ Living with Leviathan by David B. Smith. As Smith explains (emphasis mine):

New Labour’s so-called ‘third way’, and the prevalent economic paradigm in much of ‘Old Europe’, appears to correspond to none of these categories [free market, socialist and 'Butskellite' mixed]. Instead, it appears to be a system under which the private sector maintains a nominal legal control over its capital and labour, but the returns on these factors of production are so heavily influenced by tax and regulation that the public sector ends up effectively controlling such returns. This sham form of mixed economy, which needs to be distinguished from the British mixed economy of the 1950s, has traditionally been associated with fascist regimes – for example, the gelenkte Wirtschaft (supple or ‘joined-up’ economy) that Goering implemented in Nazi Germany in 1936. Such systems represent an obvious intellectual attempt to reconcile a socialist-inspired desire for a powerful interventionist state with the wealth-creating force of ‘bourgeois-liberal capitalism’, and tend to be popular with politicians and bureaucrats, because they force all sectors of society to kowtow to the state and its functionaries if they are to remain in business.

This is not a system of freely-chosen mutual cooperation: it is a system of managerial control.


The Managerial Revolution

It is very easy to find polemics against the social changes which were born in the first half of the twentieth century through two world wars and the Great Depression. They include, for example:

And it is very easy to find the relevant propaganda. However, it was only recently that I discovered a scholarly attempt to set out, in 1941, “What is happening in the world”: James Burnham’s The Managerial Revolution.

Burnham identifies and examines three theories of the development of society:

  • The permanence of capitalism,
  • The inevitability of socialism,
  • The transformation of capitalism into some non-socialist form of society.

Burnham — previously a Trotskyist — dismissed the first two and explained that society was experiencing a “Managerial Revolution”. Consider (emphasis mine):

Burnham looked around the world for indications of the new form of society which was emerging to replace historic capitalism and saw certain commonalities between the economic formations of Nazi Germany, Stalinist Russia, and America under Franklin D. Roosevelt and his “New Deal.” Burnham argued that over a comparatively short period, which he dated from the first world war, a new society had emerged in which a “social group or class” which Burnham called “managers” had engaged in a “drive for social dominance, for power and privilege, for the position of ruling class.” For at least a decade previous to Burnham’s book, the idea of a “separation of ownership and control” of the modern corporation had been part of American economic thought, with Burnham citing The Modern Corporation and Private Property by Berle and Means as an important exposition. Burnham expanded upon this concept, arguing that whether ownership was corporate and private or statist and governmental, the essential demarcation between the ruling elite (executives and managers on the one hand, bureaucrats and functionaries on the other) and the mass of society was not ownership so much as it was control of the means of production.

So, while Burnham made many incorrect predictions, it does appear that, at last, here we are, firmly entrenched in a managerial society. Ownership is separated from control. We do indeed have a managerial system along the lines Burnham identified: technical managers, executives, finance capitalists and stockholders. We see that the stockholders do not actually control the companies they own and that attempts to motivate managers by making them stockholders seem to fail because the downside is not shared: bank staff were already paid in deferred stock options before the crisis and, in any event, the crisis was caused by government intervention.

It is this managerial system of society which is now failing us. Let me give two further examples.

As I have reported here in respect of the European Union, an organisation whose propensity to issue detailed rules hardly needs a reference:

So we have the bizarre spectacle of socialists who think the EU may be neo-liberal, capitalists who think it is a socialist project and democrats who illustrate the EU’s democratic deficit to the agreement of its supporters and even the EU itself.

And yet Burnham wrote (1941):

The day of a Europe carved into a score of sovereign states is over; if the states remain, they will be little more than administrative units in a larger collectivity.

It seems to me that the European Union is neither neo-liberal, with all its restrictions on external trade, nor is it socialist, with its emphasis on a supposedly free market: the European Union is managerial.

In “The Living Dead: Switched Off, Zoned Out – The Shocking Truth About Office Life”, David Bolchover makes the case that:

The real truth is that there are millions upon millions of people who are actively disengaged from their jobs, who spend months and years sitting in offices doing next to nothing, lost in the cracks of laughably inefficient and abysmally managed large organisations, their talents wasted and long forgotten.

And there is the tragedy: talents wasted and forgotten. No one is arguing against individuals: we criticise the system in which we live and work. Surely the stellar success of Dilbert and The Office speak for themselves? Why not encourage a new system?

The fundamental problem and the route to progress

Society is the cooperative actions of billions of thinking, acting people. It is an unimaginably complex system which is not only beyond complete comprehension at any particular instant, but which remakes itself and its trajectory as people make subjective choices, moment by moment.

In other words, society cannot be managed. It is a self-organising system which must be allowed to do just that: organise itself.

Ironically, the scholastics of mediaeval Salamanca, who first wrote systematic treatises on economics, knew this, as did many of the enlightenment philosophers. Perhaps the “scientific socialists” forced us to forget.

Management is a worthwhile and laudable profession — I would say that, as a manager myself — but to apply a tool to a problem it cannot solve is a mistake. We have been making this mistake long enough. As Professor Jesús Huerta de Soto writes:

To attempt to coordinate society through coercion is an intellectual error.

Thankfully, David Cameron has been setting out, consistently over several years, a vision of a post-bureaucratic age:

We’re living in an age where technology can put information that was previously held by a few into the hands of almost every one. So the argument that has applied for well over a century – that in every area of life we need people at the centre to make sense of the world for us and make decisions on our behalf – simply falls down. In its place rises up a vision of real people power. This is what we mean by the Post-Bureaucratic Age. The information revolution meets the progressive Conservative philosophy: sceptical about big state power; committed to social responsibility and non-state collective action. The effects of this redistribution of power will be felt throughout our politics, with people in control of the things that matter to them, a country where the political system is open and trustworthy, and power redistributed from the political elite to the man and woman in the street.

For all the rough and tumble of contemporary politics, I am convinced that David Cameron and the Conservative Party have the right vision and the right policies to transform our society into a system which will prosper and endure. People need more power over their own lives, more opportunity, more responsibility and a secure environment within which to determine their own destiny.

The managerial revolution is at an end: it is time for change.

Further reading

Police cannot be trusted with fines, magistrates warn – Telegraph

Via Police cannot be trusted with fines, magistrates warn – Telegraph:

Police cannot be trusted to hand out summary justice and will act as “judge and jury” if given powers to issue more on-the-spot fines, magistrates have warned.

In an extraordinary attack, the Magistrates’ Association said it is a “certainty” that officers will misuse powers because they cannot be “relied on” to handle them appropriately.

The comments have been made as part of the Magistrates’ Association response to the Government’s plans to allow police to issue £60 fixed penalties for careless driving.

Police have been accused of increasingly dealing with offences using on-the-spot fines as an easy way to hit the government’s crime targets.

Magistrates are worried that the number of offences now dealt with in this way is keeping some serious offenders out of the courts.

However, police leaders insisted that the use of the fines, which has risen sharply under Labour, helped to reduce paperwork and free up officers’ time.

It is a pity this story has been positioned as an attack on the police and a great pity if it is intended to be one. There is a legal and political principle at stake, a principle which was overturned when summary justice was first reintroduced in England and a principle which is hampered by an excessive reliance on a particular clause of Magna Carta:

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

This principle is that the Rule of Law requires due process. As Hayek put it in The Constitution of Liberty (p191, emphasis mine):

We have now concluded the enumeration of the essential factors which together make up the rule of law, without considering those procedural safeguards such as habeas corpus, trial by jury, and so on, which, in the Anglo-Saxon countries, appear to most people as the foundation of their liberties. English and American readers will probably feel that I have put the cart before the horse and concentrated on minor features while leaving out what is fundamental. This has been quite deliberate.

I do not wish in any way to disparage the importance of these procedural safeguards. Their value for the preservation of liberty can hardly be overstated. … Judicial forms are intended to insure that decisions will be made according to rules and not according to the relative desirability of particular ends or values. All the rules of judicial procedure, all the principles intended to protect the individual and to secure impartiality of justice, presuppose that every dispute between individuals or between individuals and the state can be decided by the application of general law. They are designed to make the law prevail, but they are powerless to protect justice where the law deliberately leaves the decision to the discretion of authority. It is only where the law decides – and this means only where independent courts have the last word – that the procedural safeguards are safeguards of liberty.

And so we come to the heart of the matter: Labour governments — and the left generally — do not share with Hayek, with liberals and with Conservatives an understanding of the Rule of Law. Witness for example Labour’s class law which was celebrated by one cabinet minister as “socialism in one clause”1. If I put my childhood in its context, it is clear that I would have benefitted from advantageous access to public services, coming from a working-class background. However, since I achieved social mobility, my children would now suffer for it. The absurdity of such a situation should be plain: socially-mobile individuals would disadvantage their children. The rational choice would be to make no attempt to advance oneself.

It would be too easy to rant and rave at the absence of procedural safeguards, particularly when justice in our country has been reduced to summary fines from council officials in this case for crumbs falling from a baby’s mouth2, but there is a more fundamental problem: a battle of ideas which is barely understood — the battle over ideas such as liberty, justice and equality.

Those of us who believe a good society is built on responsibility face two groups of opponents, neither of which appreciate the secondary effects of their actions:

  • Those well-intentioned but ill-informed people who would punish wrongdoing too expediently.
  • Those well-intentioned but uncomprehending people who trust authority to solve society’s problems.

Certainly, people should not drive carelessly. Certainly, they should not litter. But the issue is not that the police cannot be trusted to issue summary fines, but that summary fines rely on an understanding of the Rule of Law, liberty and justice which can only serve to undo what social progress we have made.

There has been a cultural revolution which has produced an expectation that the state should use expedient coercion to extract good behaviour from a resentful and sullen population. We need a better way and it is well-known: opportunity, responsibility and security from others — a return to classic English liberty.

  1. “Every public body will have to take class background into account when making decisions under radical new legislation unveiled by the Government today.” []
  2. Thankfully, this fine was overturned in court, but what a farce. If you think it isolated, look at this map of English liberty or read Raab’s The Assault on Liberty. []

The American Museum in Britain, Bath

This past weekend, we visited the American Museum in Britain. It was thought-provoking: America was of course conceived in liberty but American history, like every nation’s, is filled with examples of man’s inhumanity to man.

The exhibition began with a wall of quotations from significant figures. These particularly stood out:

William Penn (1644-1718):

Those people who will not be governed by God will be ruled by tyrants.

Albert Einstein1:

Never do anything against conscience even if the state demands it.

Apache Chief Geronimo (1829-1909):

Once I moved about like the wind. Now I surrender to you and that is all.

Thus, beside the lives of pioneers, the museum introduced the history of native Americans and of African-American slaves, terrible experiences which no person should ever know. I was reminded of Karl Popper’s lines in The Open Society and its Enemies:

There is no history of mankind, there is only an indefinite number of histories of all kinds of aspects of human life. And one of these is the history of political power. This is elevated into the history of the world. But this, I hold, is an offence against every decent conception of mankind. It is hardly better than to treat the history of embezzlement or of robbery or of poisoning as the history of mankind. For the history of power politics is nothing but the history of international crime and mass murder (including it is true, some of the attempts to suppress them). This history is taught in schools, and some of the greatest criminals are extolled as heroes.

Coincidentally, I am just finishing John O’Farrell’s An Utterly Impartial History of Britain: (or 2000 Years of Upper Class Idiots in Charge). Perhaps spotting the gathering dust on my scholarly history books, Beth gave me this book as a starting point. It is at least an entertaining read, but the author’s endless cynicism, though supported by events, combined with his wearisome ignorance of sound economics, produces a tiresome read. Compare O’Farrell’s history with that of, say, This Little Britain: How One Small Country Changed the Modern World or The Welfare State We’re in and we quickly find that history, as the record of acting people, deserves to be understood through sound theories of human action.

Enter one of my preferred writers — Ludwig von Mises — with Theory and History (online). From the back cover:

Theory and History deals with the theory of economics, i.e., the study of purposive human action, and with history, the record of the past actions of individuals. All actions are determined by ideas. Thoughts and ideas are “real things,” Mises writes. “Although intangible and immaterial, they are factors in bringing about changes in the realm of tangible and material things.” Rather than rejecting the study of historical change as a “useless pastime,” Mises considers it of the utmost practical importance. “History looks backward into the past, but the lesson it teaches concerns things to come.” History opens the mind to an understanding of human nature, increases wisdom, and distinguishes civilized man from the barbarian. Moreover, historical knowledge is of the utmost importance in helping to anticipate and plan for the future.

A major part of this book is a critique of Karl Marx and his fallacious view of theory and history. Marx attributes the creation of tools and machines, as well as the economic structure of society, to undefined “material productive forces”; Mises rejects this materialistic view and points out that tools and machines are actually created by individuals acting on the basis of non-materialistic ideas. Marx predicts that society is moving towards socialism “with the inexorability of a law of nature.” Mises responds: “The outstanding fact about history is that it is a succession of events that nobody anticipated before they ocurred.”

The book is a tour de force of the ideas that have shaped human history and their refutations. In particular, bearing in mind O’Farrell’s sneering treatment of the free market:

The history of the nineteenth and twentieth centuries has discredited the hopes and the prognostications of the philosophers of the Enlightenment. The peoples did not proceed on the road toward freedom, constitutional government, civil rights, free trade, peace, and good will among nations. Instead the trend is toward totalitarianism, toward socialism. And once more there are people who assert that this trend is the ultimate phase of history and that it will never give way to another trend.

And, closing the book, on attempts at predicting the future:

The fallacy inherent in predicting the course of history is that the prophets assume no ideas will ever possess the minds of men but those they themselves already know of. Hegel, Comte, and Marx, to name only the most popular of these soothsayers, never doubted their own omniscience. Each was fully convinced that he was the man whom the mysterious powers providently directing all human affairs had elected to consummate the evolution of historical change. Henceforth nothing of importance could ever happen. There was no longer any need for people to think. Only one task was left to coming generations-to arrange all things according to the precepts devised by the messenger of Providence. In this regard there was no difference between Mohammed and Marx, between the inquisitors and Auguste Comte.

Up to now in the West none of the apostles of stabilization and petrification has succeeded in wiping out the individual’s innate disposition to think and to apply to all problems the yardstick of reason. This alone, and no more, history and philosophy can assert in dealing with doctrines that claim to know exactly what the future has in store for mankind.

Museums and historians must remind us of the wrongs of the past, and do so through the histories of many aspects of human life, even political power. Let us be guided by them to a better and more open future in which people can be free of all kinds of oppression.

Above all, let us use our reason to reflect on our present circumstances and conclude with Karl Popper that,

even our greatest troubles spring from something that is as admirable and sound as it is dangerous — from our impatience to better the lot of our fellows.

The idea whose time has come, the idea which can carry us forward — from difficulties created by people who wished to better the lot of their fellows, by people who wish to better the lot of future generations — is liberty under the rule of law.

  1. Also, “If one purges the Judaism of the Prophets and Christianity as Jesus Christ taught it of all subsequent additions, especially those of the priests, one is left with a teaching which is capable of curing all the social ills of humanity. It is the duty of every man of good will to strive steadfastly in his own little world to make this teaching of pure humanity a living force, so far as he can. If he makes an honest attempt in this direction without being crushed and trampled under foot by his contemporaries, he may consider himself and the community to which he belongs lucky.” []

Political power and democratic control in Britain

With all the debate about quangos, I wondered whether anyone had made the case against them based on the Rule of Law.

And so I found and added to my reading list Political power and democratic … – Google Books:

There is a sense in which quasi-government diminishes the role and authority of Parliament as well as its more obvious erosion of local government. In practice, the quango state removes layers and ares of policy-making and action from the parliamentary — and public — gaze. The absence of a constitutional framework and the informal and secretive nature of its policy processes blocks scrutiny and parliamentary and public debate about policy goals and outcomes. The government can co-opt and mobilise all manner of bodies, including private companies, consultants and advisers within the domain of quasi-government to carry out major tasks, such as industrial re-structuring, training and employment policies. Parliament has no oversight over the government’s creatures, their interests and processes, as they operate under cover of ministerial discretion. Indeed, even the government itself often has no direct control over them.

I am reminded of a quote attributed to Harold MacMillan:

We have not overthrown the divine right of kings to fall down for the divine right of experts.

And of the following campaign poster from the Conservative Party Archive (shelfmark 1929-31):

Inspectors all around