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Gaza
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8 min read

How redemptive justice could be a way out of a long and costly war

Dynamics of shame, dis-honour and vengeance swirl around the decision makers in the Israel-Hamas war. Steven Firmin explores how redemptive justice could restore a relationship of peace.

Steven Firmin is a lecturer in Christian Ethics at the University of Oxford. His research interests include the interaction of Christian and Muslim political thought.

An army general in green fatigues stands and address a group of soldiers sitting, squatting and standing around him
Israeli Chief of the General Staff Herzi Halevi addresses troops.

The horrific, indiscriminate attacks against Israel by Hamas terrorists have brought the larger Israel-Palestine conflict back to centre stage in international politics. The event has been called “Israel’s 9/11”, and senior Israeli political and military officials have vowed to “exact a price that will be remembered by [Hamas], and Israel’s other enemies, for decades to come.” , and to turn Gaza into a “city of tents”. Israel has begun bombarding thousands of Hamas targets and preparing for a ground invasion in Gaza.  

The die thus seems to be cast for a long and costly war which may not ultimately be able to achieve its aims, and that will halt or reverse any progress towards a resolution of the Israel-Palestine conflict in at least two ways. 

Much more important is that fair-minded Palestinians and their supporters in the wider Arab and western world are also able to understand Israel’s military actions as fitting and discriminate. 

First, the trauma resulting from a large-scale Israeli air and ground campaign in Gaza will be enormous for Palestinians. This trauma will almost certainly be the seedbed of resentment which gives the next generation of Gazans sufficient reason to hate Israel and work for its demise. Indeed, if the tragedy of October 7 is Israel’s “9/11” then it is imperative that Israel not neglect the difficult lesson the US learned through its “war on terror”: when you punish terrorists in a manner that destabilizes and alienates the wider population of a region, you merely create more terrorists. This is not to say that responding to Hamas’ attacks with military force is unjust. Military action should form part of a just response to Hamas’ actions. But this military action needs to be conducted carefully. Any military judgement must be done in such a way that not only Israelis and sympathetic westerners see it as a rightful judgement on Hamas. Much more important is that fair-minded Palestinians and their supporters in the wider Arab and western world are also able to understand Israel’s military actions as fitting and discriminate. This would require Israel, at minimum, to go to extraordinary lengths to minimize civilian casualties, even to the point of significantly increasing risks to Israeli soldiers.  

In the recent past, however, and perhaps also now, Israel’s military strategy, known as the ‘Dahiya Doctrine’ has geared in the opposite direction: it deliberately strikes back at enemy targets in a disproportional manner, in an effort to deter the enemy from further aggression. And when it faces a choice between increasing risks to Israeli soldiers or civilian populations, it often chooses the latter. If that strategy continues to play itself out in a drawn-out air and land campaign, any short-term military victory will only result in long-term creation of new and more determined enemies of Israel.   

A long and costly ground war against Hamas will only make things worse for Israelis and Palestinians. 

Second, Israel’s pursuit of a war against Hamas makes it all but impossible for the wider Arab world to pursue normalization of ties with Israel. Prior to Israel’s declaration of war, a fresh start was within reach. The 2020 Abraham Accords normalized ties between Israel and Bahrain, Morocco, and the United Arab Emirates, and this year an historic, US-brokered deal between Israel and Saudi-Arabia was well on its way to being agreed. Now, the Israel-Saudi deal is in tatters, and other Arab countries with diplomatic ties to Israel are feeling political pressure to show distance. This pressure is not arising because any of these Arab countries support Hamas. All are opposed to its Islamist ideology. It is because they are tied by bonds of affection and loyalty to the Palestinian people, and these bonds prevent Arab countries from negotiating in good faith with Israel when they have serious doubts that Israel’s military actions are making sufficient provision for the welfare of ordinary Palestinians.  

A long and costly ground war against Hamas will only make things worse for Israelis and Palestinians. But what would make things better? Rather than a vengeful justice, Israel might consider pursuing what is called ‘redemptive justice’ in its war against Hamas.  

This kind of justice is exactly the path Jesus urges his followers to follow in his Sermon on the Mount: 

“You have heard that it was said, ‘Eye for eye, and tooth for tooth.’ But I tell you, do not resist by evil means. If anyone slaps you on the right cheek, turn to them the other cheek also.  

The teaching here about retaliation has three parts. 

First, Jesus presents a traditional teaching from the Mosaic law, sometimes called the lex talionis: ‘You have heard that it was said, “An eye for an eye and a tooth for a tooth.”’ In its Old Testament contexts, this principle was supposed to prevent violence from spiraling out of control. When someone wronged you, your injury didn’t give you unlimited right of revenge. Wrongdoing had to be addressed with strict retribution. No more.  

Next, Jesus warns of a deeper dynamic which leads to problems: ‘But I say to you, do not resist by evil means’. Jesus’ warning is not opposed to the lex talionis. What Jesus is warning about, as New Testament commentator Peter Leithart argues, is not to apply this law in ways that perpetuate violence rather than limit it. The example Jesus gives next is illuminating: a slap on the right cheek is not a violent threat to life. To slap someone on the right cheek, you must use either your left hand, or the back of your right hand. Either of these would have been understood as acts of dishonour and shame to a first century Jew. They were not acts intended to harm grievously. And when someone is intent on publicly shaming or dishonouring you, responding with a counter-act of shame or dishonour only heightens the antagonism between you and encourages further retaliation. Strict retribution in these situations will not achieve the law’s aim of limiting violence.  

This leads us to the third part of the teaching, where Jesus proposes a creative solution to the danger: rather than respond to dishonour with dishonour and risk creating a cycle of vendetta, take the penalty of the law on yourself he says – “accept the second slap rather than giving it” as Leithart puts it. This is what redemptive justice means. It cuts evil off at its root and restores a relationship of peace. After all, a person seeking to humiliate you runs out of ammunition very quickly when you show yourself willing to be humiliated.  

Lex talionis is a principle which limits violence to strict retribution. Adopting this approach would require Israel’s leadership to renounce formally the “Dahiya Doctrine.” 

How then might Israel’s political and military leadership enact redemptive righteousness in the situation it now faces in Gaza and in the areas under its effective control? First, let me say it again, Jesus’ commands do not abolish the lex talionis “an eye for an eye, a tooth for a tooth”. Judgement via military force against Hamas is thus not forbidden by the Sermon on the Mount. But as was noted earlier, the lex talionis is a principle which limits violence to strict retribution. Adopting this approach would require Israel’s leadership to renounce formally the “Dahiya Doctrine” and commit publicly to a more proportionate, discriminate form of retaliation to the Hamas attacks.  

Second, we should note that the political situation which has been created by these attacks has deeper dynamics than merely trying to achieve justice for the victims of the attack. The situation also has important dynamics of shame and honour. Unable to prevent this horrific tragedy, the competency of Israeli political and military leaders has been called into question. They have been humiliated by these attacks, and the great temptation for them now is to ‘resist by evil means’, projecting strength by responding to dishonour with counter-dishonour, humiliation with counter-humiliation. This teaching warns Israel’s leadership to do otherwise: accept the second slap, rather than give it.  Although it may sound counter-intuitive, allow yourself to be humiliated by Hamas rather than perpetuate further humiliation that will alienate the wider Palestinian population and potential Arab allies. Undercut the cycle of humiliation by going out of your way to honor ordinary Palestinians, protecting them from harm and blessing them even if it means incurring greater risks to your own soldiers or civilian population. This is the kind of bold, innovative leadership that Graham Tomlin has argued is needed in this most complex of global conflicts. 

Would adopting such a self-sacrificial military strategy be ultimately self-defeating? Would it weaken Israel’s military advantage and prevent them from achieving victory over Hamas? The opposite is true. The Israeli military, with its superior military capability, is not at all in danger of ceding victory to Hamas by fighting a more self-sacrificial form of warfare. But if Israel fails to adopt a self-sacrificial strategy as it pursues military action, the sweetness of any initial victory will sour into a long-term defeat as the contagion of resentment is sown among a new generation of Palestinians and their supporters.  

But surely this would be politically unfeasible for Israel’s leadership to implement? Any leader who enacted redemptive justice towards Hamas and the wider Palestinian population amidst the current national mood of mourning and outrage would face certain political demise. That may be so. Jesus warns those who follow him that they must be prepared to take up their cross. What would motivate that kind of decision, given the cost? The confidence to enact redemptive justice cannot ultimately be separated from confidence that death has been overcome through resurrection, bringing life to the whole world. The call to enact redemptive justice can only be sustained with a recognition of both the wisdom and the ultimate victory of the Jew from Nazareth.  

Israel’s leadership is at a cross-roads. In response to the horrific attacks of Hamas, it has begun a severe bombing campaign in pursuit of a vengeful justice that will soon be followed by a ground invasion. If it wants long-term peace, it must consider changing course quickly and drastically. It must pursue the redemptive justice of the crucified Messiah that overcomes evil with good.  

Essay
Comment
Identity
Nationalism
Politics
15 min read

Could a constitution capture the essence of Englishness?

A proposal for St George’s Day.
A St George's Cross flag flutters on a tower.
St Helen's Church, Welton, Yorkshire.
Different Resonance on Unsplash.

Somewhere behind the concrete-and-glass façade of modern official Britain, one can still find some traces of England: folklore and folk music, country customs and local traditions – wassailing, maypoles, cheese rolling and bounds beating – that neither brutal 19th century industrialisation nor callous 20th century deindustrialisation could completely erase.  

This idealised ‘Quaintshire England’ lurks somewhere in the psycho-geographic triangle formed by Anthony Trollope’s Barchester, Thomas Hardy’s Casterbridge and Geraldine Granger’s Dibley. It is always indeterminately, reassuringly, old. It has a lot of past, but not much future. Yet its traditions are neither stagnant nor dying. Take, for example, the recognition of St George’s Day. Once upon a time, and not so very long ago, St George’s Day came and went with hardly anyone noticing. It was relegated to handful of nasty, shaven-headed, right-wing cranks. Now St George’s Day is marked by respectable newspapers and by the media classes, through the annual ritual of the Great Debate About Englishness.  

For those not familiar, the Great Debate About Englishness takes the form of a stylised conflict between two sides: the Guardians and the Telegraphs. The Guardians start, with a stick-knocking assault on Saint George and all his works: he was Turkish (or, better still, Palestinian); he never visited England (which is just as well, because, as they are eager to insist, England does not really exist anyway, and if it did it would be hopelessly white and racist). Then the Telegraphs move forward, with Scruton bells on their toes, to lament the fact that we no longer celebrate St George, and how all the ills of the world are the fault of the kind of people who say ‘Mumbai’ when they mean ‘Bombay’. At this, the Guardians caper forth, wielding Billy Bragg quotes about ‘progressive Englishness’ in an intricate manoeuvre known to afficionados as a ‘Full Toynbee’. This done, the Guardians retreat before the onslaught of the Telegraphs, who counter-attack with the clincher than English is an ethnic marker, which necessarily excludes anyone whose ancestors were swarthier than a Flemish Huguenot. So concludes the ritual, which is then forgotten about until the following year. 

England, becoming everything, has thereby become nothing. It is the only nation in the United Kingdom without a political life of its own. 

These cathartic ritual confrontations rarely acknowledge that debating the nature of Englishness is itself a symptom of the English nation’s statelessness. Like Kashmiris, Kurds and Uyghurs, the English must debate the nature of their existence because England is – to borrow the term used by Austrian Chancellor Metternich to refer to pre-unification Italy – ‘a geographical expression’.  

The institutions, symbols, and icons of political identity are all British. Despite its historical position at the core of the Union and the Empire, England remains a curiously under-developed nation in constitutional terms. It has almost no formal recognition as a national community. Indeed, England’s dominance over the United Kingdom has had the paradoxical effect of denying England – as England ­– a voice in its own affairs. England, becoming everything, has thereby become nothing. It is the only nation in the United Kingdom without a political life of its own. There is no English Government, nor English Parliament. Even the banal markers of national identity that people might have in their pockets, like coins, stamps, and passport, are British, not English. The absence of such markers means that English identity has high barriers to entry. In other words, we obsess about the ethnic and cultural boundaries of Englishness, because there is no English civic, legal, or political community – let us call it a ‘constitutional community’ – of which one can be a member as a matter of legal right.  

Such a ‘constitutional community’ could take two forms. It might take the form of an independent England, re-founded as a nation-state after Scotland, Wales and Northern Ireland have freely gone their separate ways. Alternatively, given the need for collective defence and international clout in a dangerous world, it could take the form of an England which remains one of four constituent states in a voluntary, equal, confederal Union.  

Either way, an English constitution, understood as a codified supreme and fundamental law, should establish political institutions of England’s own: an English Parliament, an English government, an English judiciary, and an English civil service. Only by this constitutional means can England, now that the British Empire is no more, become a normal nation, make peace with itself, and re-find its place in Europe and the world.  

In part, this is a matter of good government. As the great post-war Commonwealth constitutional scholar Sir Ivor Jennings famously put it, ‘A Constitution is but a means to an end, and the end is good government.’ An English constitution would enable the renewal of a system of government that has become too centralised, too top heavy, and long overdue for reform. It would clarify the rules of political life where these have become contested, reinforce the boundaries of power where these boundaries have been pushed to breaking point, and restate the principles of public ethics which have been neglected. It would protect democratic institutions and norms from erosion by unscrupulous authoritarian populists.  

A list of priorities for consideration in an English constitution, enjoying support across the broad centre of the political spectrum, might include devolution to English cities and counties, electoral reform, reform of the Lords, codification of parliamentary conventions to limit the abuse of Crown Prerogatives, strengthening of the civil service and rebuilding of lost state capacity, restoring standards in public life, and better protection of civil liberties.  

If you are reading this in England...  you are probably not very far away from a place where old stones echo with the words and songs, the faith and the prayers, that have held the English nation together. 

Yet constitutions are more than dull, dry, legal charters of government. They are also national covenants. They set out a vision of who we are, who we want to be, what we stand for, and what we will not stand for. Aside from all the mechanical, institutional, provisions one expects to find in a written constitution, constitutions also contain what we might call metaphysical provisions: those that bear the identity, and bare the soul, of the nation. An English constitution would help to anchor English identity in the midst of changing times. 

While the mechanical constitution is in need of reform, England’s ‘metaphysical constitution’ is not so lightly to be tinkered with. It represents a mystical union of past, present and future, embodying an idea of English nationhood – and English statehood – stretching back to Anglo-Saxon times. At the heart of this metaphysical constitution is the ideal of Christian monarchy, institutionalised through constitutional relationships between the church, state, Crown and nation.  

While the institutional structures of the mechanical constitution are British – and essentially imperial, rather than national, in character – the metaphysical constitution has remained steadfastly English. The Church of England is the only major all-England public institution. The General Synod, which has power to enact Measures having the force of law in England in relation to ecclesiastical matters, is the only England-wide legislative body. England (not Britain, nor the United Kingdom, nor the British Empire, but something older and deeper) can most readily be found in its great cathedrals: Salisbury, Norwich, Wells, Lincoln, Ely, Gloucester, Hereford, Durham. It can be found, too, in the abundance of ancient village parish churches with hand-tapestried hassocks, musty smells, memorial plaques and an almost tangible presence of congregants gone by. England is etched in the moss and lichen of their old gravestones. It is haunted by the Ghosts of England Past, speaking the words of the Book of Common Prayer and the King James Bible. If you listen carefully, you can hear them. If you are reading this in England, even in the midst of a busy city, you are probably not very far away from a place where old stones echo with the words and songs, the faith and the prayers, that have held the English nation together over the centuries. 

Confusion arises, however, from the failure to distinguish between the mechanical and the metaphysical aspects of constitutions. 

That heritage is valued not only by Christians, but also by those who are not believing or practising Christians, but who are pleased to belong to a culture that has been shaped by Christianity. Cutting the Church totally loose from the state, by disestablishment, would abandon custody of this cultural and social heritage to a merely private organisation, having no public recognition, patronage, or connection to the national community. That would be a particularly savage form of cultural privatisation. 

England’s metaphysical constitution is mostly buried beneath the accumulation of ages. If you are good with the constitutional trowel, however, and know where to dig, it is not hard to unearth it. Sometimes it even pokes above ground, as easily seen as the billowy bench of bishops in the House of Lords. The topsoil of modernity is dramatically stripped away at the coronation, when the king swears not only to govern ‘according to the statutes in Parliament agreed on and the Laws and Customs of the same’, and to ‘cause law and justice in mercy to be executed in all [his] judgments’, but also to ‘maintain the laws of God, the true profession of the gospel, and the Protestant Reformed Religion established by law’. The King’s covenant with God and the nation is outwardly and visibly signified when, at the climax of the ceremony, he is anointed, by the Archbishop of Canterbury, with holy oil.  

Thus, the descendants, according to the flesh, of Anglo-Saxon kings, become at their coronation the descendants, according to the spirit, of David and Solomon. The birth of this metaphysical constitution can be traced to the baptism of King Aethelbert, the first Anglo-Saxon king to become Christian. As Bijan Omrani notes, in God is an Englishman, this act transformed the nature and expectations of English kingship, from pagan warlordism to a holy kingly office, responsible under God for bringing God’s peace and justice to England.  

All this is very strange, and easy to mock. To paraphrase a famous scene in Monty Python’s ‘Holy Grail’, ‘supreme executive power derives from the confidence of the House of Commons, not from some farcical aquatic ceremony’. From a purely mechanical point of view, that is of course quite right. As Walter Bagehot’s The English Constitution said of Sir Robert Walpole, the first modern Prime Minister, ‘he ruled England because he ruled that House’. Confusion arises, however, from the failure to distinguish between the mechanical and the metaphysical aspects of constitutions. Many constitutional conservatives, eager to uphold the metaphysical constitution of England’s Christian monarchy, set their face against even moderate and beneficial reforms to the mechanical constitution. On the other hand, many constitutional reformers, eager to mend the broken mechanical constitution, would pave over the metaphysical constitution with all the misplaced zeal of a solar farm company. 

The established church is a particular target of the reformers’ wrath, evidenced most recently by a proposed amendment to the House of Lords (Hereditary Peers) Bill, seeking to remove bishops from the upper House. According to Lord Birt, former Director-General of the BBC, ‘Embedding the Church of England in our legislature is an indefensible, undemocratic anomaly.’ There are only two countries in the world, so we are informed, where clerics sit of right as legislators: the United Kingdom and Iran. The clear implication is that this connection puts the United Kingdom in bad company, as if having a couple of dozen bishops in the House of Lords were comparable to the rule of Ayatollahs. 

Incidentally, remarkably incurious of comparative practice, the people who say this always forget about Belize: a relatively stable and well-functioning Westminster Model democracy, whose tiny upper House includes a Senator nominated by the Belize Council of Churches and Evangelical Association of Churches. They also forget about tiny Tuvalu, a democratic Commonwealth Realm in the South Pacific, where the established church was planted by the London Missionary Society. Perhaps these examples do not fit the narrative that insists that church establishment must inherently be regressive and anti-democratic. 

To those of us who must live also in the here-and-now, not only as Christians but also as citizens of a particular nation and polity, it all looks very bleak.

Even without deliberate abolition, we must nevertheless admit that the metaphysical constitution of England, no less than the material constitution, is in crisis. The most recent census showed that, for the first time since the conversion of Anglo-Saxon England, Christians are now a nominal minority. Of course, the invisible church of born-again Spirit-filled believers was probably always a minority of the population, in England as in any nation. Nevertheless, from the Early Middle Ages until just a few generations ago, nominal Christianity was the norm, and Christian ideas held sway over the narratives, ethics, and assumptions of English society. Not everyone conformed to a model of Christian holiness and goodness – far from it – but there was a common view, shaped by the pervasive cultural, social, and educational influence of Christianity, of what holiness and goodness looked like

That Christian consensus is what has been lost in the social and demographic change – some might call it, a cultural revolution – since the 1960s. The Church of England is still doing excellent work in parishes up and down the land, multiplying the loaves and fishes of its limited resources to provide everything from foodbanks and debt advisory services to parent-toddler groups and pensioners’ clubs, filling the social gap that a failing state no longer even tries to fill. Yet, numerically, the Church of England – except in a few bright pockets of revival – is in free-fall. In the lands of St Ethelbert, St Edmund, and St Cuthbert, empty church buildings have been turned into private houses, gyms, carpet warehouses, soft play centres, mosques, pubs and nightclubs. Looking at things through a spiritual rather than natural lens, we should not be discouraged. We can of course have confidence that the risen King has triumphed, is triumphing, and will ultimately triumph – reconciling all things to the Father, and restoring the whole cosmos to glory. Nevertheless, to those of us who must live also in the here-and-now, not only as Christians but also as citizens of a particular nation and polity, it all looks very bleak. It is a spiritual trial, but a civilisational tragedy. 

Christianity – in particular in the form of mainline Protestantism - has provided the moral, ethical, sociological and institutional props on which constitutional democracy in the Anglosphere was built. Remove those props, and the whole edifice becomes a lot less stable. When we look at the egregious behaviour of Trump and his ilk, we get a taste of how rotten pagan politics would be, unseasoned and unpreserved by the salt and light of Christianity. 

This is, of course, is not to say one cannot have democracies in societies where Christianity has been less historically prevalent. Democracy can exist in a wide range of religious cultures, including in majority Muslim, Hindu and Buddhist societies. Nevertheless, at least within the Westminster Model, it depends upon an institutional subculture - a set of norms, values, traditions, expectations - which, even if successfully transplanted and adapted to different contexts, owe a lot to the kinds of Christianity that emerged from the English Reformation. The restoration of England’s Christian metaphysical constitution is, therefore, integral to restoring the health of the democratic mechanical constitution. By the works of the law – even constitutional law – shall no flesh be justified. Any constitutional refoundation of English democracy worthy of the name must be led and accompanied by a revival of the English Church and by the re-evangelisation of the English people.  

The cross atop the crown represents the principle that public authority has itself been humbled and crucified; the state exists not to be served but to serve the public

his case must be made with careful nuance. It could be misconstrued as an apology for Christian nationalism. Sadly, those who make the most noise about ‘Christian values’ all too often seem, judging by their attitudes and actions, to be reading a different gospel – one from which the Magnificat and the Sermon on the Mount have been expunged. It is galling to watch far-right authoritarian reactionaries parading their Christianity for public display, while pursuing compassionless policies that hurt the poor, the disabled, and outsiders.  

A restoration of England’s Christian metaphysical constitution would not limit freedom of religion, nor diminish the equal rights of all citizens regardless of their religion or lack thereof. The principles of religious liberty and non-discrimination, which go back to Catholic Emancipation and to the repeal of the Test and Corporation Acts in the early nineteenth century, should be guaranteed. Rather, establishment would simply give honourable public recognition to the place of Christianity in the nation’s heritage, grounding the state upon a core of shared Christian values, norms and traditions. If that core is maintained, tolerance and diversity can be built upon it, without undermining the nation’s historic character. In practice, this might involve a more prominent role for Christianity in public life. Public authorities might pay more attention, in their official pronouncements, to the church calendar, and less to those of other faiths, or of post-Christian causes. There might be a more obvious Christian influence in education. One of the by-products of the 1960s cultural revolution is that the clergy have retreated into a narrowly defined churchy role: the academic and the school master in holy orders have all-but vanished. Public broadcasting, too, might return to the broadly Christian assumptions of Lord Reith.  

One of the constitutional functions of an established church is to act as a reminder: to remind the King, Ministers, parliamentarians, civil servants, judges, magistrates, councillors, police constables, teachers, opinion-formers, and every citizen, that to govern is to serve. The cross atop the crown represents the principle that public authority has itself been humbled and crucified; the state exists not to be served but to serve the public. Without such a concept of ethically responsible servant leadership – grounded upon truth, justice, and compassion – democracy can easily deteriorate into cruel, crude, and crass populist perversions of itself.  

Another constitutional function of an established church is to remind us what freedom is for. If applied as mere abstractions, shorn from the Christian root from which they have sprung, and the teleological objectives towards which they point, human rights – valuable as they are – can produce absurd results, actually harming, rather than protecting, freedoms of conscience and expression. Taking the metaphysical constitution seriously again would certainly mean interpreting and enforcing our human rights laws in ways congruent to the Christian principles upon which they are based. After all, it is very odd, in a country where the king has sworn to maintain the true profession of the gospel, that people are being arrested for silent prayer, and that local councils are trying to ban street evangelism. 

Finally, the metaphysical constitution, no less than the mechanical, needs checks and balances. The church cannot perform this constitutional function, as the ethical conscience of the state, if it is – like, say, the Russian Orthodox Church – dependent upon the state. The establishment of the church must not, therefore, compromise the autonomy of the church, to govern itself synodically, and to choose its own bishops. The current process of episcopal selection through the Crown Nominations Commission might leave much to be desired, but going back to the days of political appointment by the Prime Minister is not a viable option. Rather, the principle should be acknowledged, at a constitutional level, that – in the words of Magna Carta - Anglicana ecclesia libera sit: the Church of England shall be free. If we can create constitutional rules that enable judicial independence, and the impartiality of bodies such as the Electoral Commission, we should be able to square this constitutional circle, too.