Labour’s Plans for Constitutional Reform
First principles
We need to begin by understanding what a constitution is and what it ought to do. The history of the constitution as a political idea is one in which a single term came to be associated with the twin principles of the “spirit” of the people over whom politics is exercised, and the “health” of the body politic from whom the government is drawn.
It is no coincidence that the word “constitution” emerged in politics to refer to the central laws (written or otherwise) that govern a community, during a period of increased use in the medical community to mean “health”.
A simple Ngram chart shows that, whilst “medicine” and “constitution” have an established history of coterminous use, from the mid-1720s onwards – a time of increasing popularity of focusing on constitutions in the modern sense as a written set of basic rules upon which all laws should be based – the use of constitution skyrockets.
Carl Schmitt wrote in the 1920s that a constitution ought to be a reflection of the people, as they exist simultaneously above and below the political order that seeks to represent them in the world. Above, because like Hobbes’ Leviathan they tower over all political figures in judgement; below, because they are the very foundation upon which all political institutions can be built. If a people ceases to exist, then the institutions become hollow machines turning and maintaining themselves for nobody but themselves. And it must be remembered that institutions, as all things incorporated in some way, become entities in themselves.
A constitution is, therefore, simultaneously the spirit and mind of the people. The spirit, because it captures what Montesquieu attempted to identify in L’Esprit de Loi, the spirit of the laws; the truth that there is something intangible behind the tangible laws by which political institutions operate. In other words, rather than analysing the laws that existed, Montesquieu asked why those laws existed, rather than some other set of laws, in the political community in which they were practised. Why did the English have the common law, when the French had parlements? Etc.
The mind, because the constitution moves beyond unthinking instinct and into the strategic realm of forward thinking, extended temporal existence and predictable security. As Montesquieu feared of tyranny, and as Hegel recognised of Spirit in Man’s infancy, when the law becomes the domain of a single person, fear is the spirit of the legal order because there is no predictability, no consistency. Arbitrariness becomes the basis of decision making. It was not fear as fear of the government itself, but fear of the inability to know what the consequences from the government might be.
A constitution, then, speaks the unspoken sentiments of a people and does so in a consistent and unifying way.
The question that arose in the enlightenment over whether this speaking constitution should move to the page and transform from an unwritten to a written document was, of course, central to what Yuval Levin called the great debate between Edmund Burke and Thomas Paine. Whilst Paine railed against what he saw as the “tyranny of the dead” when Burke defended tradition and custom, Burke gently replied that it is the very dialogue that thrives between the living and the dead that produces freedom; just as a traveller in a forest might wander from the beaten path and find a lush grove, so too might he get lost in a swamp. Innovation and the freedom that experience brings with it is possible only when there is a point from which you begin.
Instead, said Burke, it was that very tyranny – of a dead set of people from a particular moment in time – that would be cemented in a written constitution. Rather than allowing for the continual expression and interrogation of custom and tradition that comes with an unwritten constitution, a codified one would narrow the temporal horizon of a people into a strict moment in time in an attempt to speak forever. Some of the American Framers argued that a way around this would be to revise the constitution at the end of every generation – roughly 19 years or so. Sir Roger Scruton put the problem very (and typically) eloquently when he said that the Treaty of Rome was written in a year that’s gone for a circumstance that has passed by a group of people that are dead.
The two great constitutions that emerged in the late-1700s – in America and in France – had two very different goals that determined the direction in which they moved. America, said the political historian Hannah Arendt, framed a constitution on a set of institutions that already existed expressing a people that already had a heritage. For that reason, the American constitution can be said to have achieved those two goals around which this briefing note has thus far revolved: the expression of the spirit and mind of a people. France, on the other hand, attempted to create a people through the act of constitution: the Bretons, the Provencals, the Roussillions, the Orleanais, all were to be washed away and the remnants dissolved in the universal humanity of la France. The French constitution preceded a people; the American constitution expressed one.
Yet the constitution that has thrived where even the American one has failed has – or had – been the British one.
In their obsession with formalism and written rules, most psephologists have made the mistake of thinking that Britain’s constitution, uncodified though it is, can be found in the many documents that stretch from Magna Carta through the Bill of Rights to the Act of Union to the Great Reform Acts to the Parliament Acts to the Human Rights Act. No – to do so is to mistake a man’s words for the man himself. These are not Britain’s constitution, but the consequences (and in many places, the mutilation) of the constitution itself.
What is Britain’s constitution?
It is the Parliament itself.
Parliament, in the synecdochal slip of the tongue common in modern politics, is not the House of Commons, nor the House of Lords. Not even is it the building in which those assemblies meet. Parliament, as understood by Bagehot, Dicey, Maitland and all the eulogists of Britain, exists when the three traditional branches of British government are assembled in one place: the Monarch; the Lords; and the Commons. Hence, the momentous occasion when the Monarch delivers his speech to the Lords and Commons, Parliament is said to be together.
But why is Parliament Britain’s constitution? Because, properly understood, Parliament is the voice of people in all of its aspects. The Monarch is the people embodied, a singular head of state who gives to the constitution the only missing ingredient from spirit and mind – a body. He is the body of the politic. The Lords are the people as understood by Burke, as a transtemporal entity who speaks for the country as a physical entity – hence why it was tied to land – and a spiritual entity – hence the Lords Spiritual – and a legal entity – hence the Law Lords. The Commons, finally, are the people as understood by Paine, as the vocal element of the constitution, demanding changes in the moment and transient in its demands.
The British Parliament is, and always has been, the constitution. The doctrine of Parliamentary sovereignty reflected this fact, that no power exists above Parliament – as the Monarch, Lords and Commons in one.
Labour’s constitutional reforms: past and present
This was undone entirely by New Labour. The greatest acts of constitutional vandalism – the creation of the Supreme Court, the Human Rights Act, the project of devolution, the reforms to the House of Lords – all committed by the forebears of the current administration upended this balance in a way none but constitutional historians loyal to the idea of Britain could have predicted.
Each of these deserves an invective all their own, but the simple fact is that each of these altered the operation of Britain’s constitution in different ways, but creating a legalistic straightjacket around Parliament: the Supreme Court subverted the doctrine of parliamentary sovereignty; the Human Rights Act made that Supreme Court loyal to a power beyond the boundaries and popular
control of Britain; devolution created parallel laws applying to the same citizens at different times and in different places across the country; and the neutering of the hereditary aristocracy resulted in an upper chamber dedicated to ambition, avarice and cronyism.
Thus the supreme entity of this nation – Parliament – has ceased to act as a unitary government and now must act as one amongst many. And by extension – and by design – the constitution has died.
This is the scene into which the new administration enters, ready to finish the job through solutions to a problem of its own making. One of the greatest architects of this situation, Gordon Brown, penned a document aimed at creating a “Reformed United Kingdom” by empowering the different regions of the United Kingdom to be competitors to the central government in Westminster, whilst the absurd phrase of “devolution deserts” now seeks to spread the insanity of an unequal legal landscape across the whole map of the British Isles.
These plans will make a legal reality the idea that Westminster is the English parliament and merely one amongst many. When Brown began his document by stating that “the crisis we face in Britain is not just short-term – it is deep-seated”, he did so without a hint of irony.
Why?
The reader might be left thinking, why? Why did New Labour do all of this, and why does Labour now seek to carry us further down this road?
By design or not, the New Labour government destroyed the constitution of this country because it blew apart the unity needed to underpin the idea of a people. Alongside the administrative vandalism of devolution – which exacerbated the delusions that the Scots and the Welsh, whilst culturally different to the English, are not legally the same nor subjects of the same crown – the surrendering of the nations courts’ abilities to mediate between its citizens to a foreign power only made worse the emerging sense of dual loyalty that was gestating in an increasingly multicultural Britain. The amazement that integration has ceased in Britain whilst the legal tradition of this country has been hollowed out has never yet joined the dots to arrive at the simple conclusion that integration is impossible in the current administrative state masquerading as a constitution.
Yet this is not the only reason Labour now pursues these goals. Indeed, it does so because it must. We have moved from circumstances in which a constitution might have been written to express a people that already existed – indeed, the people, understood properly as a transtemporal entity, never old or dying nor young or being born, that has occupied these islands for centuries – to circumstances in which a constitution must be written to summon a people into being.
We are France at the height of the revolution. The idea of Britain is being re-written, and re-constituted, because Britain has died. The elegists – Scruton in his England, an Elegy; Hitchens, in his The Abolition of Britain; and Murray, in his Strange Death of Europe – mourned a people that has passed away. Labour must now begin the process of constructing a new one, based on “values” and “identity”. And it must do so because it began this process 25 years ago.
The UK has a child obesity problem and tax cuts are the solution
Today, nearly 30% of children in the UK (Year 6 and younger) are classified as ‘Overweight or obese’. This figure raises serious public health concerns, as it means many children in the country are not just facing early health scares in their youth, but also potentially lifelong healthcare issues.
Recent studies have revealed that one-third of children now leave British education overweight or obese. So, it’s safe to say that the UK is grappling with a severe child obesity problem – as this aptly titled article suggests.
We need to identify the factors driving this increase, which will soon become evident, and the issues exacerbating the situation.
Historical data on obesity and overweight statistics from 1974 to 2006 show an average annual increase of 0.47%, rising from 9.7% in 1974 to 25.3% in 2006. Based on this trend, we would expect the current statistic to be around 27%. However, the actual figure exceeds this projection, reaching around 30%, or in some cases, such as Hartlepool and Middlesbrough, as high as 42.6%.
The Recession
The recession and financial crash not only caused widespread unemployment and economic instability but also led to a boom in fast-food establishments.
Before 2008, Little Chefs were a common sight on British roads. Today, however, the landscape is dominated by the golden arches of McDonald’s, the flame-grilled burgers of Burger King, and the “finger-licking” goodness of KFC. These fast-food giants are now omnipresent, not just on roadsides but also deeply embedded in every facet of towns and estates.
This proliferation of fast-food outlets is not merely coincidental but a reflection of changing consumer behaviours during tough financial times.
While I occasionally indulge in fast food, there is a stark difference between my infrequent visits and the daily fast-food consumption habits of many younger children in modern Britain. According to a 2021 BMJ study, 10% of children consume fast food daily, and more than half purchase food from fast-food or takeaway outlets at least twice a week. This staggering reality highlights a significant shift in dietary habits with concerning long-term health implications.
It might seem harsh to blame the recession for yet another issue, but the evidence is compelling. While the broader economy struggled and many sectors faced downturns, the fast-food industry experienced a surge.
According to the Financial Times, the number of fast-food chains in cities across the UK increased by 8.2% in 2009, following a 6.6% increase in 2008. The rise in fast-food outlets, particularly during an economic downturn, demonstrates the fast foods sector’s resilience and profitability amid financial distress, highlighting the ubiquitous presence of fast food in our society.
So, while the broader economy struggled to recover, the fast-food industry appeared largely unaffected by the recession’s impact.
Perceptions of the costs associated with fast food
Although, and through a Government policy lens it might sounds like an effective strategy to increase the NHS’s messaging that “fast food is bad and home food is good”, we must explore why people go to fast food restaurants.
A 2022 study shows that 32% of people stated that they ate fast food because it is cheap. Now regardless of how true this is, why do people think this? Part of the reason lies in pricing strategies, like that of McDonald’s, which has remained relatively stable.
In 2008, McDonald’s introduced their saver menu, featuring the now legendary Mayo Chicken priced at 99p. Fast forward to 2023, and the Mayo Chicken now costs £1.39, representing a 40.4% increase. Meanwhile, the Bank of England has confirmed that from during the same period, the British pound has inflated by 55%, with £1 in 2008 now equivalent to £1.55. For struggling families, this suggests that in a world where supermarket products like olive oil have seen price hikes of up to 115%, fast food remains one of the few goods with consistent and reliable pricing.
However, the crucial message that the government and councils need to convey is that cooking at home is a more cost-effective option. Despite price increases in certain supermarket goods, cooking at home remains healthier and cheaper. Yet, in my opinion, this is almost an undeniable fact – most people are aware of it. The real challenge lies in breaking the psychological barriers that perceive McDonald’s competitive prices as low and consistent, coupled with its convenience and quick service.
Why we need to prioritise healthy eating vs exercise
Physical activity is essential for children to maintain fitness and a healthy weight. Studies show that children today take 90 seconds longer to run a mile compared to kids in 1975. However, while physical activity is important, it’s only one piece of the puzzle.
Dietary research supports this. Approximately 80% of your weight is influenced by diet, with exercise contributing the remaining 20%. Therefore, promoting healthy eating habits should be our primary focus when addressing child obesity.
This emphasis on nutrition is crucial, particularly considering the alarming trend of reduced time allocated to cooking meals.
Researchers have observed a significant decline in cooking duration over the past three decades, with this time decreasing by almost a minute each year – from a full hour in 1980 to just 34 minutes today. In fact, a staggering 52% of Brits now spend less than 30 minutes on meal preparation.
Policy Recommendations
The new Labour Government has confirmed that advertising to children will be a focus of their national health policy. They plan to empower the Advertising Standards Authority (ASA) to regulate the amount of fast food, vaping, and other harmful product advertisements targeting children. While this is a step forward, it is a very small one and its impact may be limited.
Major fast food brands like McDonald’s have become so ingrained in our daily lives that even if they ceased advertising for the next 20 years, people would still know where to find them. Given that 10% of children consume fast food daily, the effect of reducing advertisements alone will likely be minimal. Therefore, the government should consider additional measures.
The Argument for Tax Cuts on Healthy Foods
The Government needs to act quickly.
We find ourselves in a situation reminiscent of the 2000s recession, with people short on cash, grappling with higher shopping bills, and generally disheartened by their finances.
So what can we do?
Let’s start with an option the Government has direct control over: tax policy. Contrary to Labour’s usual stance on increasing taxes, I propose doing the opposite by providing targeted tax cuts for food producers and supermarkets that sell healthy foods.
To make healthy eating more appealing, the government should consider implementing tax cuts specifically for healthy foods. By reducing the cost of nutritious options, people might be more inclined to choose them over fast food. Additionally, supermarkets could receive tax breaks for meeting certain quotas of healthy food sales.
This would somewhat replicate the successful South Korea model, where the government provides tax cuts and subsidies to farmers who produce fruits and vegetables, aiming to make healthy foods more affordable and accessible to the public.
The South Korean government also promoted healthier eating through the implementation of “healthy food corners.” These corners, launched by the Ministry of Food and Drug Safety, mandated that stores set aside dedicated sections for healthier food options. These sections prominently feature products with lower sodium, sugar, and fat content, making it easier for children to make healthier choices.
Support School Restriction Zones (Planning Policy)
While I believe that tax cuts are the most effective and well-placed policy approach, it is essential to consider other options that health bodies have proposed to central government and local authorities.
One effective strategy used by local authorities is to implement School Restriction Zones.
This policy prevents new fast-food or hot-food restaurant planning applications within 400 meters of a school. Evidence shows that proximity to fast-food outlets significantly increases the likelihood of students being overweight or obese.
The Issue: without government backing, local councils may face legal challenges from planning applicants, potentially costing them money and leading to the construction of more fast-food establishments near schools.
Junk Food Tax
Labour will love this one.
Similar to the sugar tax on sugary foods, a “Junk Food Tax” could challenge the affordability of fast food while increasing government revenue.
This policy could help change the perception that fast food is a cheap option, acting as a deterrent without restricting consumer choice. Though it may seem like a centralising measure, there is a strong case for its introduction, as evidenced through its effectiveness in Mexico.
Parent Supervision Policy
A potential, albeit controversial, measure could be requiring children under a certain age to be accompanied by an adult to purchase fast food.
This policy would aim to curb the habit of children frequently visiting fast-food outlets without parental guidance. However, this would be difficult to enforce and would not be appropriate, as it limits children’s autonomy and access to food.
Conclusion
Among the various solutions, implementing tax cuts for healthy foods stands out as the most effective and balanced approach.
Unlike restrictive policies that infringe on individual autonomy, this strategy makes nutritious options more competitive, supports British farmers, and promotes healthier eating habits. By making healthy foods more affordable and accessible, we can shift consumer behaviour away from fast food and towards home-cooked meals.
The current state of child obesity in the UK is unsustainable, and without swift intervention, the NHS will face overwhelming pressure from an aging population struggling with obesity-related health issues.
Tax cuts for healthy foods provide a practical, immediate, and sustainable solution that benefits both public health and the economy.
Photo Credit.