Quote of the Day

”I often wonder whether we do not rest our hopes too much upon
constitutions, upon laws and upon courts. These are false hopes; be-
lieve me, these are false hopes. Liberty lies in the hearts of men and
women; when it dies there, no constitution, no law, no court can save
it; no constitution, no law, no court can even do much to help it.”

Justice Learned Hand

Is this Britain’s ‘Reichstag Fire’ moment?

Sobering assessment in Prospect by Richard Evans:

But if Hitler’s rise teaches us anything, it’s that the establishment trivialises demagogues at its peril. One disturbing aspect of the present crisis is the extent to which mainstream parties, including US Republicans and British Conservatives, tolerate leaders with tawdry rhetoric and simplistic ideas, just as 
Papen, Hindenburg, Schleicher and the rest of the later Weimar establishment tolerated first Hitler and then his dismantling of the German constitution. He could not have done it in the way he did without their acquiescence. Republicans know Trump is a charlatan, just as Conservatives know Johnson is lazy, chaotic and superficial, but if these men can get them votes, they’ll lend them support.

Weimar’s democracy did not exactly commit suicide. Most voters never voted for a dicatorship: the most the Nazis ever won in a free election was 37.4 per cent of the vote. But too many conservative politicians lacked the will to defend democracy, either because they didn’t really believe in it or because other matters seemed more pressing. As for rule by emergency decree, few people thought Hitler was doing anything different from Ebert or Brüning when he used Hindenburg’s powers to suspend civil liberties after the Reichstag Fire on 28th February 1933. That decree was then renewed all the way up to 1945. In this sense, democracy was destroyed constitutionally.

Which is exactly what’s going on in the UK at the moment.

The lesson, says Evans,

seems to be that to prevent the collapse of representative democracy, the legislature must jealously guard its powers. Can we rely on that happening today? It doesn’t help that the British parliament, as was its counterpart in Weimar, has become more or less paralysed on the most important issue of the day. As in Weimar, the only majorities are negative ones—against, for example, Theresa May’s Brexit deal as well as, so far at least, every available alternative.