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International pressures, Brexit and the resurgence of nationalism have created new divides in the regions of the United Kingdom. Brendan O’Leary examines the impact of Conservative policy in Scotland, Northern Ireland, and Wales, focusing on how prime ministers have handled campaigns and support for Scottish independence, the ruling coalitions in Wales, and also the new post-Brexit framework and demographic pressures in Northern Ireland. The chapter ends with a dire overall evaluation of the condition of the union as a result of Conservative policy.
The legacy of nineteenth-century constitutionalism hampers the effective realization of democracy in the UK. Bagehot’s eulogizing of the fusion of the executive and legislature now appears to grant far too much power to the government, given the context of parliamentary sovereignty and a ‘first past the post’ electoral system. But democracy is a far richer notion than one which requires merely that power should be exercised by a majority of elected representatives. Democracy also requires that individuals and minorities have certain fundamental protections from majoritarian interests. Democracy in Britain has also been weakened by vagueness as to the role of direct democracy (and how it relates to popular sovereignty) and referendums in the UK. The UK Cabinet Manual (which, absent a codified Constitution, is the closest Britain comes to codifying its constitutional principles) does not specify the role of referendums in British governance, nor suggest that a referendum vote might override other constitutional principles. However, the Brexit referendum, although advisory in status, was nonetheless perceived as binding and implemented. If referendums are to become a more frequent feature of British constitutional practice, there is an urgent need for clear principles regarding their use to be articulated.
Dictatorships that use plebiscites – that is, referendums initiated by the executive – have a longer expected lifespan. A successful plebiscite sends a signal that makes coordination for collective action more difficult and induces the falsification of preferences. It also enhances the status of the dictator within the regime and against potential rivals through the use of agenda power. As a result, plebiscites are followed by decreased mobilization and a reduced risk of palace coups. This, in turn, adds years to the dictator's tenure. We have found evidence to support these propositions by utilizing data from various databases of autocratic regimes that span from 1946 to 2008.
By the early twentieth century, democracy was in the ascendant. Not all observers and practitioners were enthusiastic about this development. But, whether favourable towards it or not, they came to accept the predominance of the concept that the people were the ultimate source of political authority.1 An example of a grudging acknowledgement that confirms the strength of the conceptual transition that had occurred came from the constitutional historian, William Sharp McKechnie. He observed in his 1912 work of contemporary analysis The New Democracy and the Constitution that the public pronouncements of politicians suggested ‘the triumph of Democracy in Great Britain is now assured’ McKechnie noted a tendency as common to ‘Conservatives and Liberals as’ as it was among ‘Socialists and Labour leaders’ to display ‘[a] fervent and almost servile eagerness to interpret and to execute “the people’s will”’.2
Democracy is a form of government in which ultimate power rests with the people. Indeed, Aristotle in his Politics, Book 3, argued that only those who participated in government could be called citizens in the full and complete definition of that term. The word ‘democracy’ derives from the Greek ‘demos’ and ‘kratos’ meaning rule by the people. The Greeks, admittedly, held a very limited view of who was entitled to be involved in decision-making.
The final chapter ties the argument of the book to the many pathways out of empire, and the often-hesitant process of civic reinvention and readjustment as popular energies were redirected to post-imperial modes of belonging. This, too, brought patterns of social division and public dispute that were replicated (and modified) across multiple contexts and settings. The need to reconstitute history itself brought a clamour for new national symbols, without garnering and real consnensu abut what those new emblems should be. The frequent use of referendums to resolve questions of civic identity was itself a major legacy of the break-up of Greater Britain, affeting the ‘four nations’ of the United Kingdom as much as the former holdings of the British empire.
Between the late nineteenth century and early twentieth century the context for petitioning changed. The number of public petitions addressed to the House of Commons declined, and commentators and politicians increasingly regarded petitioning as redundant in an era of mass electoral politics ushered in by the Third Reform Act (1884–85). Yet, as this chapter shows, petitioning did not decline but was rather reinvented in this period. Campaigners increasingly addressed singular mass petitions to a range of different authorities, including the monarch and Downing Street, in ways that emphasised the performative presentation of petitions to maximise coverage in the mass media. High-profile examples, such as petitions organised by the militant suffragettes or the Ulster Covenant and Declaration (1912) associated with Unionist opposition to Irish Home Rule, were part of a broader reimagining of petitioning with the UK’s nascent democracy. Finally, contemporaries also considered petitions to be a mechanism for calling referendums, as shown in a number of bills of the time, and also in the numerous mass petitions from Unionists and others to the king calling for Home Rule to be referred to the people via referendum or general election. As this chapter shows, while the practice of petitioning changed during an era of rapid democratisation it retained an important place within UK popular politics and political culture.
The June 2016 Brexit referendum sent international shock waves, possibly causing adjustments in public opinion not only in the UK, but also abroad. We suggest that these adjustments went beyond substantive attitudes on European integration and included procedural preferences towards direct democracy. Drawing on the insight that support for direct democracy can be instrumentally motivated, we argue that the outcome of the Brexit referendum led (politically informed) individuals to update their support for referendums based on their views towards European integration. Using panel data from Germany, we find that those in favour of European integration, especially those with high political involvement, turned more sceptical of the introduction of referendums in the aftermath of the Brexit referendum. Our study contributes to the understanding of preferences for direct democracy and documents a remarkable case of how – seemingly basic – procedural preferences can, in today's internationalized information environment, be shaped by high-profile events abroad.
Rivka Weill claims that in the nineteenth century the foundation of the UK constitution changed from parliamentary sovereignty to popular sovereignty, originally as a matter of constitutional convention but today as a matter of law. I argue, to the contrary, that parliamentary sovereignty as a legal principle and popular sovereignty as a political principle are perfectly compatible. Constitutional conventions are essentially political not legal requirements. Therefore, a constitutional convention requiring popular approval of constitutional change, if it ever existed, would not have violated parliamentary sovereignty. But if it did exist, it was displaced by the Parliament Act 1911 and has not been revived since. Moreover, there is no evidence that courts today have legal authority to enforce any requirement, conventional or legal, requiring such approval.
The international community increasingly promotes referendums as it intervenes in self-determination conflicts around the world. However, the ability of self-determination referendums to bring about peace remains uncertain. This paper develops the argument that the conflict resolution potential of self-determination referendums is conditional, depending on whether or not they are held under the mutual agreement of the relevant minority and majority groups. When mutually agreed, self-determination referendums are likely to generate shared perceptions of fair decision-making and thereby increase chances for peace. By contrast, unilateral self-determination referendums are likely to increase ethnic grievances and, therefore, the risk of separatist violence. I find support for this argument in a global statistical analysis, short case studies, and a survey experiment. Overall, this study suggests that self-determination referendums can make a positive contribution to peace, but only if the conditions for a partial compromise on a referendum, including its terms, are ripe.
Carl Schmitt and AV Dicey are two of history's most influential constitutional theorists, and they offer two of history's most influential accounts of referendums. In most respects, their approaches to referendums are in direct opposition to each other. On Schmitt's view, the purpose of referendums is to acclaim executive actors. On Dicey's view, the role of referendums is to constrain them. Despite disagreeing about whether referendums should acclaim or constrain the executive, Schmitt and Dicey agree that an agenda-setting role for representatives in referendums is inevitable. This paper argues that, in the UK context, if Schmitt and Dicey are right about the necessary agenda-setting power of representatives in referendums, then the accounts of referendums they each offer must be two sides of the same coin. Given the dominance of the executive over the legislature in the UK and the uncodified nature of the constitution, referendums are processes that necessarily both acclaim and limit the executive.
This paper considers whether the different constitutional frameworks used to give structure to popular sovereignty, in the UK and Ireland, may be effective in precluding a ‘populist’ style of referendum use. In the wake of Brexit, it will consider whether the unstructured character of popular sovereignty in the UK Constitution encourages such a ‘populist’ style of referendum use, characterised by political discretion and elite instrumentalisation of the popular voice. However, drawing on the Irish experience, it will argue that constitutional law has a relatively modest capacity to regulate referendum-politics in the ways that many critics of the current UK framework see as being desirable. Thus it will argue that the ‘populist’ style of referendum use is not easily avoided by constitutional structure and regulation.
This article explores the strategic functions of independence referendums. These referendums are normally framed as popular decisions on statehood over a certain territory. However, I argue that the popular will does not always have the decisory function that plebiscitarian theories suggest. In fact, actual decision referendums are rare; often independence referendums are instead used strategically as a leverage and signalling tactic. The article is structured as follows. First, I propose two key criteria to classify independence referendums regarding actors and timing. Through the application of these criteria, I build a typology proposing four main uses of referendums: leverage, signalling, decision and ratification. Second, I focus on the specific case of leverage referendums. I argue that analyzing the outcomes of leverage referendums can provide some clues about why secessionists still call for these referendums even though they almost never result in internationally recognized statehood. Finally, I conclude by discussing the implications of my findings.
This chapter provides an account of the role of political parties in the UK constitution, as well as explaining the move away from the Westminster Parliament being dominated by two major political parties with the rise and fall of the Liberal Democrats and the rise of the SNP. It sets out the Fixed-Term Parliaments Act 2011 and the Early Parliamentary General Elections Act 2019.
This chapter sets out and explains the key principles and values of the UK constitution - and of constitutionalism more generally. It explains parliamentary sovereignty, the rule of law, democracy and the separation of powers. It provides contemporary examples of the application of these values and principles , including the impact of referendums and of the two groundbreaking Miller decisions - known as the Brexit and the prorogation cases.
International institutions are increasingly being challenged by domestic opposition and nationalist political forces. Yet, levels of politicization differ significantly across countries facing the same international authority as well as within countries over time. This raises the question of when and why the mass public poses a challenge to international cooperation. In this article, we develop a theoretical framework for understanding the nature and implications of politicization of international cooperation, outlining three scope conditions: the nature of public contestation, the activities of political entrepreneurs, and the permissiveness of political opportunity structures. By empirically examining these scope conditions, we demonstrate that politicization can have both stabilizing and destabilizing effects on international cooperation. Highlighting the systemic implications of politicization for international cooperation has important implications for international relations scholarship. Although international organizations may face challenges, they also have ways of being remarkably resilient.
Partisanship is a powerful driver of economic perceptions. Yet we know less about whether other political divisions may lead to similar evaluative biases. In this paper, we explore how the salient divide between “Remainers” and “Leavers” in the UK in the aftermath of the Brexit referendum has given rise to biased economic perceptions. In line with the cognitive dissonance framework, we argue that salient non-partisan divisions can change economic perceptions by triggering processes of self- and in-group justification. Using both nationally-representative observational and experimental survey data, we demonstrate that the perceptions of the economy are shaped by the Brexit divide and that these biases are exacerbated when respondents are reminded of Brexit. These findings indicate that perceptual biases are not always rooted in partisanship, but can be triggered by other political divisions.
This chapter discusses the scope of the right to free elections in the Convention. It explores how this is largely limited to legislatures but there are debates about the application to presidential elections and referendums. The chapters includes a discussion on globalisation and the development of the free elections case law in respect of the European Parliament.
The chapter examines the impact of Brexit on transnational solidarity. It explains how Brexit was triggered, in part, by concerns as to the impact of EU membership, both in terms of the UK’s identity as a member of the EU and the impact of migration. This negative impact on transnational solidarity will only continue post Brexit, particularly if the UK were to leave the EU with no deal concerning its future relationship. Some of these issues would be mitigated were the UK to leave under the terms of the current Withdrawal Agreement. Nevertheless, the chapter argues that some of the benefits of EU membership will continue post Brexit, particularly as concerns the impact of the UK’s membership of the EU on the UK constitution.
Despite their multiplication over the last 15 years, studies on the support for assemblies composed of citizens selected by lot are rare and the few that exist analyse citizens’ attitudes towards such mini-publics as consultative bodies associated with traditional representative institutions. In this article, we examine support for citizens selected by lot as new policymakers who take the most important political decisions instead of political representatives. We contrast support for this radical democratic innovation with support for two other reforms that increase citizen participation: generic support for a greater involvement of citizens in policymaking, and specific support for citizen-initiated referendums. The goal is to understand whether the drivers of support for citizens selected by lot overlap or differ from the drivers of support for other forms of citizen participation. We rely upon data from the 2017 French Election Study.