Weekend essay
Culture
Gaza
Israel
Middle East
Politics
War & peace
9 min read

The Israel-Hamas war: how does it all end?

Some of the supposed solutions to the Israel – Hamas conflict, may not be the end of it. Graham Tomlin explores what’s on offer and the need for a newly imagined form of politics.

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A re-united couple hug each other deeply.
Hostage exchange: Avigdori family members reunited.
Prime Minister's Office, Israeli Government.

With the drama over temporary ceasefires and limited hostage exchanges, we are fixated at the moment on the day-to-day drama of the Israel - Hamas conflict. Yet, to draw back for a moment, what about the longer-term prospects for peace? Many people in the west, dimly aware of the politics of the region might wonder how on earth some kind of settlement might ever be reached. How does it all end?  

Prediction, so we are told, is a mug’s game when it comes to international politics. Or is it? Because the history of Israel/Palestine has taken a depressingly predictable pattern over the past 50 years or so – periods of relative peace, interspersed with occasional Palestinian uprisings of various degrees of violence, followed by Israeli military reactions, of which the current conflict is the most serious for many years. 

So, what are the options for the future? This article aims to spell out the main possibilities going forward, their advantages and their problems. 

We start with the two extreme scenarios. 

The Hamas solution 

The original charter of Hamas, published in 1988, called “The Covenant of the Islamic Resistance Movement” is uncompromising. Article 1 reads:

“The Movement's programme is Islam. From it, it draws its ideas, ways of thinking and understanding of the universe, life and man. It resorts to it for judgement in all its conduct, and it is inspired by it for guidance of its steps.”

Hamas is an explicitly Islamic renewal movement and aims at the creation of an Islamic state across the land of what is now Israel, the West Bank and Gaza. The covenant was updated in 2017 with (mostly) more moderate language, but still the aim is clear:

“Palestine is a land that was seized by a racist, anti-human and colonial Zionist project that was founded on a false promise (the Balfour Declaration), on recognition of a usurping entity and on imposing a fait accompli by force.”

Now, it states:

“Hamas’ is a Palestinian Islamic national liberation and resistance movement. Its goal is to liberate Palestine and confront the Zionist project. Its frame of reference is Islam, which determines its principles, objectives and means."

It claims to oppose, not Jews as such, but what it calls ‘The Zionist entity’, in other words the state of Israel.  

The Hamas solution is an Islamic state within which Christians and Jews would be allowed to live, but definitely under Muslim rule. It has no truck with a shared land: “Hamas rejects any alternative to the full and complete ‘liberation’ of Palestine, from the river to the sea.” As the 1988 version puts it:

“The day that enemies usurp part of Moslem land, Jihad becomes the individual duty of every Moslem. In face of the Jews' usurpation of Palestine, it is compulsory that the banner of Jihad be raised.”

It’s hard to see this in any other terms than a project which would mean ethnic cleansing of the majority of Jews from the land of Israel. 

The settler solution

Israel's political voting system is Proportional Representation. Historically the two main parties, Labour and Likud have struggled to gain enough votes to have an absolute majority. PR means that numerous marginal political parties have small groups of members of the Knesset, the Israeli parliament. It also means that they wield disproportionate power as they can make or break governments by joining one or the other of the two main parties. At the most recent elections, Benjamin Netanyahu, the Likud leader, generally the more right-wing of the parties, established a coalition which brought some of these more extreme right-wing parties into government.  

For example, Israeli Heritage Minister Amichai Eliyahu, a member of the Otzma Yehudit party, recently suggested that one way to resolve the war would be to drop a nuclear bomb on Gaza. For him, the people of Gaza “could go to Ireland or deserts [and] should find a solution by themselves.” He was immediately suspended for his comments by Netanyahu, but it illustrates the problem the Israeli Prime Minister has. Eliyahu is at the extreme end of the spectrum, but many of these small parties are strong advocates of the building of Israeli settlements on Palestinian land, taking more and more of that land under Jewish control and effectively freezing out the Palestinian population. Their solution is somewhat of a mirror image to the Hamas solution. It is effectively to push as many Palestinians out of the land as possible, ideally relocating them in other Arab countries or throughout the west – another form of ethnic cleansing. 

The two-state solution

This has been the favoured end-game of many on both sides of the dispute and the wider international community until relatively recently. Going back to the UN partition plan of 1947 which proposed two contiguous states, one Jewish, one Arab, various versions of this solution have been proposed over the years including the Oslo accords of 1993. This has also been the cornerstone of US foreign policy and its preferred pathway. Its attractions are obvious - two independent states living happily alongside with another without the ongoing tension of the Israeli occupation or Palestinian hostility. There are however a number of problems with it.  

First, political solutions that involve partition are rarely stable. Northern Ireland embraced a version of partition in 1921 with the island of Ireland split between largely Protestant Northern Ireland and a largely Catholic Republic in the south. However, this did not resolve tensions between the two communities and led to the troubles of the 1970s and 1980s which left thousands of people dead. Secondly, it is not clear what kind of state the Palestinian entity would be. As outlined above, Hamas envisages this as very definitely an Islamic state under which Christians and Jews would have to submit to a form of Islamic law, whereas Christians (for example) have in the past been a major presence in Palestinian society. Third, and most importantly, the West Bank would clearly be an obvious location for a Palestinian state, yet Israeli government policy over the past few decades has seen a huge increase the building of Israeli settlements on Palestinian land, especially within the West Bank. With its numerous scattered Jewish settlements, it is really no longer viable to envisage an independent Palestinian state as so much of the West Bank is now occupied by settlers who have no intention to leave. 

The one state solution

This is the solution increasingly favoured by many Palestinians, whether in the West Bank, or Israeli Arabs who live within Israel itself. It is the idea of a fully democratic state where Jews, Christians and Muslims could live alongside with another with equal rights and responsibilities, where Israelis and Arabs were equally recognised as full members of society with no need for rockets fired, suicide bombers, checkpoints, house demolitions, security walls, freedom of movement and so on. The attractions of this to those living in western liberal democracies will be obvious.  

The problem, however, is that Israel has always been seen from the beginning of the Zionist movement as a safe haven for Jews in particular, and in 2018, a law was passed to make Israel an exclusively Jewish state. It is not hard to see the anxiety that a one-state solution would create amongst Israeli Jews, with the memory of the Holocaust behind them. What if the Palestinian population were to grow such that Jews were in a minority? Would Israel then be a safe place for Jewish people? Also with the history of tension and trauma in the past, it's hard to see Jews and Palestinians, especially those who have been through the traumas of the past living peacefully alongside each other anytime soon. 

The status quo  

Israeli government policy in recent years has effectively been to keep the lid on a relatively unstable situation by the gradual increase of settlements to make a Palestinian state impossible. It may be hard to imagine under current circumstances, but the Israelis have until recently thought that Hamas’ control of Gaza was a good thing for their purposes, as it split the Palestinian population between the Hamas-controlled Gaza and the Fatah-controlled West Bank, the two parties being at loggerheads with each other. Combined with the policy of what is sometimes called ‘mowing the lawn’, striking back with some force at Palestinian uprisings when they occur, keeping resistance in check, this is represented to many within Israel as the only and best way of ensuring some kind of security in the long term. The problem is that it perpetuates the conditions that sustain Palestinian resentment, leading to the regular intifadas, uprisings and rebellions that we have seen over the past decades. 

What is clear is that the international community has not always helped to find solutions, either supporting extreme parties on both sides to protect their own interests, or funding for military purposes that ensure these constant uprisings and responses, rather than advocating for the genuine long-term benefit of the people who live in the land itself.  

What do we make of all this? And what does Christian faith have to offer such a bleak prognosis? For one thing, it doesn't offer a neat solution. The important business of politics is to work out the intricacies of ways of living together in peace and harmony. What seems clear, and as Christian faith insists, with its unlikely and radical call to love the enemy, is that there is no way to kill your way to peace and security. What Hamas did on October 7th and, however it may be justified in the short term, what the Israeli government is doing at the moment - neither will lead to peace and security. The Israeli bombardment of Gaza is a tragedy not just for the Palestinian people but also for the Israelis as well. Unless it succeeds in driving the Palestinians from the land entirely, in the kind of ethnic cleansing that few seriously contemplate, it will simply lead to another generation of young Palestinians who hate Israel and all it stands for, and who are dedicated to attack it again in a decade's time. Recent polls among Palestinians suggest that Israel’s action in Gaza, however understandable, is already having that effect. It is very hard to see any way in which it can lead to the security and peace that most Israelis want and so badly need.  

What would Jesus do? 

The first century in Judaea faced similar issues. The ownership of the land was disputed – did it belong to the Jews or the Gentile Romans? And how do you relate to those on the other side? Is the only way to either avoid them or try to kill them?  

The result of the coming of Jesus was the creation of an entirely new kind of community: the Church. Here was a gathering (which is what the word 'Church' or ‘ecclesia’ really meant) where the main distinctions that ran through normal social life no longer mattered – here there was to be “neither Jew nor Greek, male nor female, slave nor free”. It was not that these distinctions were done away with entirely - but they made no difference within this new community. The unity between people was based not on any ethnic, class or national commonality, but on each of them belonging separately to God in Christ. Their relationships were not two-way, but three way – each relating to the other because they both relate to the God revealed in Jesus.

This was a new kind of politics. The church has, to be fair, struggled ever since to live up to this vision. It is as if a beautiful song was given to the church to sing, yet it so often sings it out of tune. Yet the church, for all its faults, is the vision that Christianity offers the world. A way needs to be found for this land with such a complex heritage, where both Jew and Arab have strong claims for it as a historic homeland, to be shared in some way. Whether that is a form of the one-state solution or a two-state solution - or an entirely new scenario as yet unimagined - that cannot be decided from outside but has to be decided by those who live there. What it will need is a newly imagined form of politics, both within Israel and outside - a new way of living together with difference in the polis, one towards which the Church, with all its faults, and in its own stumbling way, points. 

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.