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Implementing the will of the people: sovereignty and policy conflicts in the aftermath of the UK’s referendum on EU membership

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Comparative European Politics Aims and scope

Abstract

Deep constitutional, political and social conflicts have marked the aftermath of the UK’s vote to leave the European Union. Sovereignty has been one of the sites of these conflicts. British Euroscepticism has traditionally mobilized national sovereignty against the EU’s supranational institutions. Since the referendum, the focus has shifted to the meanings and practices of sovereignty within the UK. In this paper, we find that the conflicts of sovereignty provoked by Brexit have primarily been at the institutional level, in the relations between the executive, the legislature and the judiciary. Surprisingly, there has been little conflict around the abstract normative ideal of sovereignty as government by consent of the governed (“popular sovereignty”). Brexit was a source of conflict as much because of the content of the decision to leave the EU as it was due to disagreement about who rules. This discussion of the British case is a useful starting point for the comparative study of sovereignty conflicts in Europe, where institutional conflicts may be accompanied by substantive disagreements about “who rules?” This paper recommends that we carefully delineate conflicts of sovereignty from other sorts of conflicts connected to specific policy choices or outcomes.

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Notes

  1. Interview with a British MP, 9th April 2021.

  2. For an articulation of the view of the protesters, see Whelan (2016).

  3. Interview with a British MP, April, 2021.

  4. The exception to this are the conflicts between the central government and the devolved administrations, particularly the tension between London and Edinburgh. At one level, these tensions can be thought of as struggles over the very definition of the people. At another level, they are manifestation of the institutional conflicts generated by the clash between the Brexit vote and the devolved structure of the United Kingdom.

  5. Lord Saatchi, House of Lords Debate on Brexit 2019–10-02/799cc1678-1772.

  6. For a brief historical treatment, see Hinsley (1966). For a detailed treatment of the distinction between sovereignty and government, which has some parallels to the distinction here between normative ideal and institutional relations, see Tuck (2015). On the concept of sovereignty from a public law perspective, which again overlaps with the distinctions made here, see Loughlin (2003), ch.5.

  7. A point that was emphasized at the time of the restoration in 1660. As Christopher Hill put it, the Restoration was “a restoration of the united class whom Parliament represented, even more than of the King”. That class was, in the words on one member of the restored Parliament, “the greatest and the learnedest and wealthiest and wisest parsons that can be chosen out of the nation”. Cited in Hill (1961), 222.

  8. We would like to thank the reviewer for his comments on this aspect of parliamentary sovereignty in the UK.

  9. As the Supreme Court put it in its January 2017 judgement, the case was concerned with “the steps which are required as a matter of UK domestic law before the process of leaving the European Union can be initiated. The particular issue is whether a formal notice of withdrawal can lawfully be given by ministers without prior legislation passed by both Houses of Parliament and assented to by HM the Queen”. Para 2, SC judgement, 24th Jan 2017, p. 4.

  10. The immediate aftermath of the referendum in June 2016 had been the mass resignation of over 20 front bench members of the Labour shadow cabinet. This attempt to end Corbyn’s time as Labour leader was unsuccessful; he was re-elected leader in September 2016, by a greater proportion of the vote from the party rank and file than in his surprise victory of 2015.

  11. Interview with Labour MP, April 2021.

  12. House of Commons debates, European Union (Notification of Withdrawal) Bill, 2017–03-07 779cc1250-1317.

  13. House of Common debate, European Union (Withdrawal) Bill, 2nd reading, 2017–09-11, 628cc455-604.

  14. House of Common debate, European Union (Withdrawal) Bill, 6th allocated day, 2017–12-12, 633 cc189-366.

  15. House of Commons debates, Parliamentary Scrutiny of Leaving the EU Volume 615: debated on Wednesday 12 October 2016.

  16. House of Lords debate on European Union (Withdrawal) Bill (2018–03-07/789 cc1178-1222).

  17. House of Lords Debate on the European Union (Withdrawall Bill n°6 (2019–09-05/cc1148).

  18. House of Lords debate on European Union (Withdrawal) Bill (2018–01-31/788 cc1531-1584).

  19. House of Lords debate on European Union (Withdrawal) Bill (continued) (2018–01-30/788 cc1422-1530).

  20. Interview with a British Peer, 4/5/21.

  21. Interview with Martin Vickers, 7/4/21.

  22. Interview with a British Peer, 4/5/21.

  23. On the second referendum and its likelihood for MPs, see also the report Brexit votes explain by Caird, J., Wager, A., Bevington, M. (2019), https://ukandeu.ac.uk/wp-content/uploads/2019/03/Brexit-votes-explained.pdf.

  24. House of Commons debate, European Union (Notification of Withdrawal) Bill, 2017–02-07 cc259-399.

  25. House of Lords Debate, Brexit: Case for a Second Referendum, Volume 773: debated on Thursday 7 July 2016.

  26. Interview with Lord Wallace of Saltaire, 21/4/21.

  27. House of Commons debate on European Union (Withdrawal) Bill (2018–01-16/634 cc729-841).

  28. House of Commons debate, Parliamentary Scrutiny of Leaving the EU Volume 615: debated on Wednesday 12 October 2016.

  29. House of Commons debate on Early Parliamentary General Election 2019–10-28 / 667 cc935-1016.

References

  • Ashcroft, M. (2016) How the United Kingdom voted on Thursday… and why. Lord Ashcroft Polls. Retrieved from: https://lordashcroftpolls.com/2016/06/how-the-united-kingdom-voted-and-why/

  • Baker, D. 2002. Elite discourse and popular opinion on European Union. British Exceptionalism Revisited. Politique Européenne 6 (2): 18–35.

    Article  Google Scholar 

  • Barnard, C. (2017) EU referendum: one year on – the Great Repeal Bill. UK in a Changing Europe blog.

  • Barnier, M. 2021. La Grande Illusion : Journal secret du Brexit (2016–2020). Paris: Gallimard.

    Google Scholar 

  • Bates, R.H., A. Greif, M. Levi, J.-L. Rosenthal, and B.R. Weingast. 1998. Analytical narratives. Princeton, NJ: Princeton University Press.

    Google Scholar 

  • Bickerton, Christopher. 2019. Parliamentary, popular and pooled: Conflicts of sovereignty in the Unite Kingdom’s exit from the European Union. Journal of European Integration 41 (7): 887–902.

    Article  Google Scholar 

  • Bogdanor, V. 2016. Europe and the sovereignty of the people. The Political Quarterly 87 (3): 348–351.

    Article  Google Scholar 

  • Bogdanor, V. 2021. Beyond brexit: Towards a British constitution. London: I.B. Tauris.

    Google Scholar 

  • Booker, C., and R. North. 2003. The great deception: The secret history of the European Union. London: Continuum.

    Google Scholar 

  • Brouard, S., and V. Tiberj. 2006. The French referendum: The not so simple act of saying nay. Political Science and Politics 39 (2): 261–268.

    Article  Google Scholar 

  • Cameron, D. (2019) For the record. William Collins.

  • Cameron-Chileshe, J. Brunsden, J. (2021). Brexit trading laws contributed to Northern Ireland unrest Lewis says. Financial Times. https://www.ft.com/content/b2c6fd29-b134-4999-90cb-8a35c371f8ed

  • Crespy, A., and S. Ladi. 2019. In the name of ‘the people’? Popular Sovereignty and the 2015 Greek referendum. Journal of European Integration 41 (7): 871–885.

    Article  Google Scholar 

  • Elster, J. 2000. Rational choice history: A case of excessive ambition. American Political Science Review 94 (3): 685–695.

    Article  Google Scholar 

  • Ford, R., and M. Goodwin. 2014. Revolt on the right: Explaining support for the radical right in Britain. London: Routledge.

    Book  Google Scholar 

  • Gamble, A. 2019. The realignment of British politics in the wake of Brexit. Political Quarterly 90 (S2): 177–186.

    Article  Google Scholar 

  • Gamble, A. 2021. After brexit & other essays. Bristol: Bristol University Press.

    Book  Google Scholar 

  • George, S. 1990. An awkward partner: Britain in the European Community. Oxford: Oxford University Press.

    Google Scholar 

  • Glencross, A. 2014. British Euroscepticism as British Exceptionalism: The forty-year “Neverendum” on the relationship with Europe. Studia Diplomatica 67 (4): 7–20.

    Google Scholar 

  • Goldsworthy, J. 2010. Parliamentary Sovereignty: Contemporary Debates. Cambridge: Cambridge University Press.

    Book  Google Scholar 

  • Gordon, M. 2020. Referendums in the UK constitution: Authority, sovereignty and democracy after Brexit. European Constitutional Law Review 16: 213–248.

    Article  Google Scholar 

  • Hill, C. 1961. The century of revolution, 1603–1714, A History of England:, vol. 5. London: Thomas Nelson & Sons.

    Google Scholar 

  • Hinsley, H. 1966. Sovereignty. London: Watts & Co.

    Google Scholar 

  • Kidd, C. (2021) New Unions for Old. London Review of Books 43(5).

  • Lipset, S.M., and S. Rokkan. 1967. Party systems and voter alignments: Cross-national perspectives. New York: Free Press.

    Google Scholar 

  • Loughlin, M. 2003. The idea of public law. Oxford: Oxford University Press.

    Google Scholar 

  • Loughlin, M., and S. Tierney. 2018. The Shibboleth of sovereignty. Modern Law Review 81 (6): 989–1016.

    Article  Google Scholar 

  • Manin, B. 1997. The principles of representative government. Cambridge: Cambridge University Press.

    Book  Google Scholar 

  • McConalogue, J. (2019) The British constitution resettled: Parliamentary sovereignty before and after Brexit. Basingstoke: Palgrave.

  • McKenzie, R. 1963. British Political Parties: The Distribution of Power within the Conservative and Labour Parties, 2nd ed. London: Heinemann.

    Google Scholar 

  • McKibbin, R. 2017. In the shadow of the referendums. Political Quarterly 88(3): 382–385.

  • Mölder, H. 2018. British approach to the European Union: From Tony Blair to David Cameron. In Brexit, ed. D.R. Troitiño, T. Kerikmäe, and A. Chochia, 153–173. Cham: Springer.

    Chapter  Google Scholar 

  • Morgan, E.S. 1988. Inventing the people: The rise of popular sovereignty in England and America. New York: W. W. Norton and Company.

    Google Scholar 

  • Palmer, R.R. 1959. The age of democratic revolution: The challenge, vol. 1. Princeton, New Jersey: Princeton University Press.

    Google Scholar 

  • Palmer, R.R. 1964. The age of democratic revolution: The struggle, vol. 2. Princeton, New Jersey: Princeton University Press.

    Google Scholar 

  • Reus-Smit, C. 1999. The moral purpose of the state: Culture, social identity and institutional rationality in international relations. Princeton, New Jersey: Princeton University Press.

    Google Scholar 

  • Rone, J. (2021) “Enemies of the people”? Diverging discourses on sovereignty in media coverage of Brexit. British Politics. https://doi.org/10.1057/s41293-021-00157-9

  • Shipman, T. 2016. All out war: The full story of how Brexit sank Britain’s political class. London: William Collins.

    Google Scholar 

  • Stephens, P. 2021. Britain alone: The path from Suez to Brexit. London: Faber.

    Google Scholar 

  • Taggart, P. (2006) Questions of Europe-The domestic politics of the 2005 French and Dutch Referendums and their challenge for the study of European integration. Journal of Common Market Studies 44(7).

  • Tombs, R. 2021. This sovereign Isle: Britain in and out of Europe. London: Allen Lane.

    Google Scholar 

  • Tuck, R. 2015. The sleeping sovereign: The invention of modern democracy. Cambridge: Cambridge University Press.

    Book  Google Scholar 

  • Whelan, E. (2016) Triggering Article 50: the precondition of a new politics. Spiked Online.

  • Young, H. 1998. This blessed plot: Britain and Europe from Churchill to Blair. London: Macmillan.

    Google Scholar 

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Bickerton, C., Brack, N. Implementing the will of the people: sovereignty and policy conflicts in the aftermath of the UK’s referendum on EU membership. Comp Eur Polit 20, 295–313 (2022). https://doi.org/10.1057/s41295-022-00271-y

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