For in reason, all government without the consent of the governed is the very definition of slavery – Jonathan Swift

Whatever happened to the principle of government by consent? We hear the word in civil society all the time – parental consent, consent to data sharing, informed consent in healthcare. But in our government, in 2009, where is the consent of the people? How low does the turnout have to be and how many people have to vote for minority parties for consent to be acknowledged as missing from our polity? Consent is an active concept. Giving your consent is a way of participating in a decision which affects you. Do people consent because they don’t vote? I suggest they are witholding their consent. The ballot symbolises the transfer of the sovereign power of an individual citizen to their representative. In a democracy government must be by consent or the government is an imposition, and our parliamentarians imposters.
 
Every year I go to the Levellers Day commemoration in Burford in May and this year I found myself re-reading the Putney debates of 1647. The Putney debaters were the men of the victorious parliamentary army. They debated by what right did the government and parliament govern the people and what was the post-war settlement to look like? They included Colonel Thomas Rainborough, Captain Edward Sexby, Lieutenant-General Oliver Cromwell, Commissary-General Henry Ireton (names familiar to viewers of the recent Civil War drama The Devil’s Whore). Should parliament remain much as it was controlled by a privileged and monied few (Cromwell and Ireton’s position) or should it change – expose itself to a far-reaching new constitution and seek the consent of all the people to govern – the position put by Sexby and Rainborough.

Rainborough: “For really I think that the poorest he that is in England has a life to live as the greatest he; and therefore truly, sir, I think it’s clear that every man that is to live under a government ought first by his own consent to put himself under that government; and I do think that the poorest man in England is not at all bound in a strict sense to that government that he has not had a voice to put himself under.”

Much of the  underlying philosophy of ‘unalienable rights’ enshrined in the Constitution of the United States of America arose from the Levellers ‘Freeborn John’ Lilburne’, William Walwyn & Richard Overton’s arguments on the issue of ‘No government without consent’ – but where is our constitution?

As the joke goes, it doesn’t matter what party you vote for, the government always gets in. Right now people are angry – they want a say on who gets paid what, they want to give active consent as to what taxes are raised and what it is spent on. So let’s accept that the 19th century party system is irrelevant. Whatever philosophical differences there may be in party positions, that isn’t what the people experience in how they are governed. For the people the party system is corrupt and self-serving. In the 1930’s Labour’s NEC leader Harold Laski talked about seizing an historical moment to achieve a “revolution by consent”. With social and economic disarray, a discredited parliament and a demoralised government, perhaps we should trust the people to renew our democracy. Let’s lay out the options for constitutional reform and let the people choose. It’s time for a new revolution by consent.