None above the law

Both the UK and US are facing populist threat

The two major democracies of the Anglosphere have centuries of democratic history and precedent to call upon — and yet appear besieged by populism, which is asking questions of their institutions that have no easy answers. Over the past week, former British prime minister Boris Johnson resigned from his seat in Parliament shortly before reports suggested he would be censured by an internal ethics committee. Across the pond, former United States president Donald Trump was the subject of an extraordinary indictment from prosecutors for his apparent failure to turn over classified documents after he left office in 2021. Both populists have sought to cast doubt on the impartiality of the respective processes. This attitude will undoubtedly be picked up by a section of their supporters, and infect the broader political climate. Institutional strength and popular support for democratic integrity will be undermined. 

Fear of the long-term effects on public trust was one of the reasons why many argued that Mr Trump, in particular, should not be prosecuted if it could be avoided. His vice-like grip on the Republican Party means that even elected members of that party who are uncomfortable with his behaviour, positions and rhetoric must seem to defer to his anti-institution messaging. Set against that argument, however, are the allegations laid out in the indictment — which are too serious not to be tested in a court of law. Lower-level officials have been sent to jail for years in recent months for offences which are a fraction, in size and scope, of those alleged against Mr Trump. Without an effort at imposing accountability at the highest level, the rule of law will be undermined across the board. 

 Mr Johnson’s baleful effect on British politics, meanwhile, cannot be denied. After all, his impulsiveness and ambition have caused the downfall of three recent prime ministers — David Cameron over the Brexit referendum, Theresa May over her Brexit deal, and he himself over consistent rule-breaking — and his effect on the course of British history cannot be denied. But, unlike the US, the United Kingdom has no primaries and the Conservative Party is still a functional institution capable of fighting back against Mr Johnson. Only two other members of Parliament resigned alongside Mr Johnson. The rest of the party seems willing to stick by current Prime Minister Rishi Sunak and support his efforts to steady the ship of state. After all, the parliamentary committee that chose to censure Mr Johnson and sparked his exit had a majority from his own party. The Westminster system has demonstrated far greater flexibility and stability than the United States’ creaky, centuries-old constitutional order. 

The populist threat continues to be real. Mr Trump is actively running for president — and few observers assume that Mr Johnson is willing to retreat for the rest of his life to his new £4 million  country home. The more likely reason for his resignation as an MP than a desire to exit public life is that his constituency in suburban London is no longer a safe seat. The trials of these two old democracies are far from over. However, at least they have taken some steps to ensure that accountability for misdeeds is imposed even for those at the highest level. Nobody is above the law.