Declaration of Purpose of the Independent Constitutionalists UK (ICUK)
PEOPLE'S POLITICAL-ECONOMY OF INCLUSIVE TRUSTEESHIP
ICUK is a movement and political process to create a Constitution for the UK that instils integrity into Parliamentary debates, offers citizens participative representative democracy, voters a proportional electoral system and the people the means to build a just economy that reduces inequality and conserves and replenishes planetary resources
This Declaration is intended to be used as a meta-narrative and source of inspiration for the preparation of individual Constituency Manifestos by Constitutionalist and other Independent parliamentary candidates, who, sharing these principles, values and goals and by reason of their competence, integrity and civil experience shall stand in future elections.
Democracy is the art of thinking independently together - in the UK there is a way of making it achievable
It is our belief that moral purpose, trust and belonging are the essence of social being, that the way we are governed is a matter of concern for every citizen and that entitlement to rights entails shared responsibility for the collective creation of the means for their enjoyment. We aim to use the system, to become the system, to change the system, to recover trust.
Our elective representative democracy in Westminster has ceased to represent the interests of the people adequately. Successive Acts of Parliament that have created our uncodified constitution have failed to ensure that the centralised decision-making power accorded to Parliament justly expresses the will of the people.
This democratic deficit is revealed in three ways. Many voters find it difficult to question the truthfulness of political claims in the mainstream and social media. The first-past-the-post electoral system can result in the votes cast bearing little resemblance to the party-political complexion of parliament and in MPs representing a minority of constituency inhabitants. Winner-loser competition between political parties generates tribal loyalties which combine with lobbying pressures causing MPs to disregard the opinions and needs they hear from their constituents.
Voters thus feel powerless and angry. Governing the country in these confrontational and ritualized ways is not in keeping with the behaviour of the people around them. Most are remarkably social and unselfish. They cooperate more often than create discord, and volunteer supporters of beneficial causes are not hard to find in streets and villages across the country.
Trust in politicians has thus been severely eroded by this stark contrast. But these negatives can be redeemed by groups of constituency citizens using the system, to become the system, to change the system, to recover trust, and by invoking People Sovereignty underpinned by the notion of Constitutional Supremacy entrenched in a Written and Living Constitution.
We therefore propose:
I. SYSTEMIC POLITICAL REFORM
1. That the prevailing "elective" representative democracy whereby citizen participation is confined to voting in local or general elections at distant intervals be replaced by "participative" representative democracy. This combines the ongoing involvement of citizens in the management of public affairs with genuine bottom-up representation, mandated and accountable.
2. That current adversarial, bipolar party-politics and the winner-loser point-scoring Westminster culture should now give way to agreement and consensus creation by independent MPs - loyalty to constituents must take precedence over party allegiance and compliance with party disciplines.
3. That in future elections constituents ask candidates if they accept an ethical code for elected representatives.
4. That, in light of their comparative advantages, the processes whereby, at whatever level, representatives can be selected for or removed from office - election, sortition (selection by lots), combinations thereof, rotation, renewal and recall - be the subject of in-depth public debate and scrutiny. In this way, functional structures, mandated and accountable, based where possible on time-limited allocation of responsibilities, can be made to replace the fixed hierarchies that cause status-creation and corruption.
5. That the existing First-Past-the-Post electoral system be reformed as a matter of urgency and moved toward proportionality thus to obtain greater correlation of votes cast with the resulting representation.
6. That henceforth in all elections and, where resorted to, referendums, the people be responsibly prepared to make informed choices before voting.
7. That the franchise for all elections and referenda be a settled residency period for citizens aged 16 years and over.
8. That, where decision by simple majority vote is stipulated, constitutional checks and balances combine with adequate citizen preparation to protect minority interests.
9. That a fair political-funding system for the preparation of elections and referendums be established that upholds the " one person one vote " principle and prevents the unfair use of personal and/or institutional wealth to leverage political influence.
II. A WRITTEN CONSTITUTION FOR THE UK
10. That the principle of Parliamentary Sovereignty (of undemocratic origin) by which we are currently governed be replaced by that of People Sovereignty underpinned by Constitutional Supremacy and entrenched in a Written and Living Constitution.
11. That the initial purpose of Constitutionalist and other Independent MPs when elected to Parliament, either through occupancy of a majority of seats or of a significant proportion thereof, shall be to work for:
(a) responsible preparation and holding of a referendum on whether the people of the United Kingdom wish to continue with parliamentary sovereignty or adopt people sovereignty underpinned by a new principle of constitutional supremacy; and
(b) if the latter, establishment of an Advisory Constitutional Convention, whose task shall be, through widespread citizen participation combined with expert opinion, to advise the Westminster Parliament and government on the drafting of a new Constitution.
12. That said Draft Constitution make provision inter alia for:
(a) the existing Supreme Court to act henceforth as a UK Constitutional Court or Council, empowered with major new constitutional responsibilities, including power to declare unconstitutional and therefore invalid any laws that violate the Constitution.
(b) special procedures for amending the Constitution's provisions;
(c) clear specification of the roles and functions of the branches of government and of civil society;
(d) the expression and entrenchment of the shared values of the people of the United Kingdom, and of the principles of true democratic self-governance, thus serving as a compass to guide the people in their moral aspiration and direction of political travel;
(e) following public deliberation, the adoption of the said Draft Constitution by the people of United Kingdom in a responsibly prepared referendum and subsequently its enactment into UK law by Act of Parliament;
(f) inclusion in the voting papers for said referendum of adoption of an option for continuation of the House of Windsor as titular head of the United Kingdom following its oath of allegiance to the Constitution.
III. SYSTEMIC RENEWAL OF THE POLITICAL ECONOMY
13. That Independent parliamentary candidates, supported by constitutional change and constitutionally entrenched citizen participation, shall campaign for the gradual creation of a People's Political-Economy of Inclusive Trusteeship which upholds the values and principles set out in this Declaration. Further, said process of creation shall include democratic scrutiny and citizen deliberation of inter alia the policy options set out hereafter:
(a) Economic Sanity Whereby the production and distribution of goods and services is organized according to planetary sustainable patterns (e.g. the Circular Economy);
(b) Measuring Economic Efficiency Replacement of GDP as a measure of the UK's wealth by the UN's Inequality-adjusted Human Development Index (IHDI), and other metrics such as the Inclusive Wealth Index (IWI);
(c) Economic Inclusion & Distributive Justice Building social justice into the process of wealth and value creation by inclusion, thus enabling people to benefit directly from this process as opposed to being paid benefits downstream.
(d) Reform of the existing Monetary System and renewal of Public Oversight of Finance Convinced that the current financial and monetary "mess" is the result of almost 40 years of dominant economic thinking that (1) money, finance, and markets are neutral, and know best; that (2) banking and finance should be unconstrained, and (3) that central banks and governments should simply step out of the way, Constitutionalists propose:
- Promotion of public understanding of money, banking and finance and their uses, which releases the latter from the control of a supposedly "neutral" technocracy and exposes the poor understanding and misconceptions of classical and neoliberal economics;
- Development of regulations that make possible public control and oversight of finance so that finance serves people and the productive economy rather than the speculative interests of a minority;
- Democratic deliberation towards consensus on, among other issues: Money Creation o Credit/Debt o Interest o Central-Bank and Real Interest Rates o Monetary Financing (People's Quantitative Easing) o a debt-free Sovereign Money System o Community Currencies o Credit Guidance and the respective roles of Public Finance Institutions and Private Banks o Government-supplied Safe Assets o and International Capital Controls.
(e) Ecological transition Promotion of a healthy environment and of pubic awareness through inclusion, (e.g. Democratisation of renewable energy production); - Under discussion in the Strategy Forum: text to be added soon
(f) Reform of the existing Fiscal System and Funding of Public Investment:
Knowing that one of the principle functions of government is the funding of public services through, among other sources of income, taxation, and convinced that governments must take the lead in developing effective tax regulation rather than relying on self-regulation and negotiation, Constitutionalists propose:
- Promotion of public understanding of location value, of land use and ownership, and of the concepts of "good" and "bad" sources of public revenue;
- Democratic deliberation towards consensus on:
- An Annual Ground Rent or Land Value Charge - a rental, that is, on all private land use (1) as a significant means of financing the public services to which that land gives access and (2) as a disincentive to property ownership for purely speculative purposes, in particular "land-banking" (the holding of land "out of use");
- Measures to ensure the fair levying of "good" revenue raisers, and effective regulations to prevent global tax avoidance by individuals and multi-national corporations.
- Public Investment in the localisation and balanced regionalisation of public services: education, social care (including family support and services for older people), health, and social housing;
(g) Social Responsibility A requirement that companies, as co-creators of the country's wealth, declare their public benefit purpose and ownership obligations, and abide by them, thus diminishing their financial commitment to disconnected shareholding that limits their research, development and innovative capabilities;
(h) Subsidiarity Decisions affecting the lives and management of communities shall, where and whenever possible, be taken by those more directly concerned by the consequences of such decisions;
(i) Regionalisation In which over time capital cities, subregions and districts are granted statutory powers within boundaries that are formalised through participative referendums;
(j) Accountability All public institutions to be endowed each with its own charter, including Trust Status for public utilities such as the NHS and the BBC, the latter being required to support the deliberation of citizens prior to elections and referenda;
(k) Equality To the equal political and legal status of all citizens be added their right to equality of opportunity, irrespective of gender, sexual orientation, race, belief or other arbitrary form of discrimination;
(l) Citizens' Rights Extension of the International Bill of Human Rights (accompanied by a Citizen Code of Responsibilities), to include a commitment to life-long learning and quality of work. Democratic scrutiny of the idea of a Citizen's Dividend;
(m) The Commons Prevention of all further sequestration and expropriation of public space and amenities, whereby to preserve existing commons as expressed in land and rights;
(n) Education In constitutional literacy, democratic practice and civics in all schools and places of education.
(o) Big-Data, Technological Innovation and the Political Economy The current rising-tide of digital and technological innovation is seen by some as a source of unbounded opportunity, generative of new forms of political organization, as something upon which the survival of our species will ultimately depend. Others see it as immersive, intrusive, disruptive, inscrutable, beyond democratic oversight and ultimately destructive of what is valued in human society and even of human kind itself.
For Constitutionalists, however, three things are important:
(1) Technology is never deterministic, and can be used to create very different kinds of society. Deciding which of these to realise may well be the most important moral challenge humankind will have to face in the coming decades. Humanity has become a major agent in shaping the circumstances of its own existence, and for this reason if for no other, the decisions it makes in devising a future for itself within its planetary habitat will be matters of political choice and not of engineering or scientific inevitability.
(2) The survival of our species will depend not on palliative technological fixes but on curative systemic and mindset change, on our being able to move away from our current unsustainable, growth-based system that the generates inequality and has humans competing with each other for increasingly scare resources. It will depend, ultimately, on our ability to subject accelerating technological change to democratic control and oversight. An "ought" cannot be got from an "is" and just because something becomes possible does not mean that it is desirable. In other words, the grasp of our moral imagination must catch up with our technological reach.
(3) It is unlikely that of and in themselves digital eco-systems with their virtual connectivity will offer a new global civic space - a viable real-world structure of political organisation - capable of driving co-creative activism. Algorithm-based digital and robotic technologies will doubtless prove valuable tools in creating a better world, but only real-world participative deliberation can define and confer legitimacy on the ends that will make that world better.
IV. ADDITIONAL NOTES
Guidelines for consideration in creating the new constitution
The range of national constitutions around the world shows each one is crafted to suit the country's geography, history, population distribution, cultural traditions and political aspirations, normally with provision for amending its clauses over time. And they vary in forms of government and political systems on a scale from confederation through federation to regional integration, and even more decentralised devolution.
The Union of Great Britain and Northern Ireland is exceptional because it does not have a single codified constitutional document. But its rich tradition of incremental amendment by successive Acts of Parliament provides a base on which to build a codified constitution that offers moral progress, trust, and a sense of belonging.
Confederation - the functional coming together of sovereign equals - might well prove the desired future extension of this constitutional inititative, three of the four nations already having their own assemblies and cultural identities.
But account needs to be taken of emerging demands for more devolution - for instance from Greater London and Greater Manchester, Liverpool, Birmingham, etc., and from Cornwall (Mebyon Kernow), Yorkshire, the Northern region, the Channel Islands and the Isle of Man - whose constitutional integration may best be served through a federal or regional system of governance.
In short, the range of options is plentiful. But so also is the documentation available to inform future debates on constitutional change: not only from other countries but also from previous parliamentary debates in Westminster, particularly those from the 1960s onwards.
Editors’ note: without being overly stipulative, the purpose of this Declaration, together with its Explanatory Notes, is to provide a clear and comprehensive statement of ICUK values and proposals. It is designed essentially for use by collaborating activist individuals and agencies and by Constitutionalist and other Independent parliamentary candidates in preparing their manifestos in future elections. It remains work in progress.