Stretching the Constitution: The Brexit Shock in Historic Perspective (Hart Studies in Constitutional Law Book 9)

What was the meaning of the European referendum of 23 June 2016? How far did it justify and necessitate the policies pursued in response to it? What are the implications of the vote and its prolonged aftermath for the United Kingdom (UK) constitution? This book seeks to answer these questions. They involve a specific episode that has been important to the UK and the outside world; and also engage wider challenges faced by many developed democracies internationally. Deploying methodology adapted from applied history, the work makes a virtue of being written without knowledge of the final outcomes of the tendencies it considers. The author assesses from a constitutional perspective the way in which the decision to leave the EU was taken and then pursued, discussing in particular the role of Parliament. It includes a close analysis of the referendum legislation, and parliamentary debates and publications. The book then considers the wider implications of Brexit for the UK political system. It does so through analysing a series of proposals made from 1900 onwards for constitutional reform, and discerning their contemporary applicability. Reflecting the expansive implications of Brexit, a variety of aspects of the UK system are considered, including participation in international organisations, referendums, Parliament, devolution and the Union, the executive, and the system of representative democracy itself. The book also guides readers toward issues that have gained in salience in connection with the Brexit controversy, in particular uses of the Internet and social media. Finally, the author makes proposals for constitutional reforms intended to help the democratic system of the UK to adapt to its changing environment, whatever particular conclusions the Brexit episode may reach. Volume 9 in the series Hart Studies in Constitutional Law Acknowledgements Table of Contents Introduction I. The Political and the Historical II. Uses of History Part 1: Brexit and the Constitution 1. The Constitutional Connotations I. Select Committee Perspectives on Brexit II. The May Doctrine III. Voting Patterns and Territorial Perspectives IV. The Constitutional Role of the Supreme Court V. Citizens' Rights and the Status of Northern Ireland Appendices 2. The Basis for the 2016 Referendum: Law, Politics and the Constitution I. The European Union Referendum Act 2015 II. The Parliamentary Perspective: Second Reading Debate in the House of Commons Appendices Part 2: The Past and the Future 3. Multi-state Organisations I. International Government II. Friedrich A Hayek and 'Inter-state Federalism' III. Ivor Jennings and Western European Federation IV. William Beveridge and World Government V. United States of Europe VI. Commonwealth of Europe VII. The Plan 4. Advocating the Referendum I. 'The Only Way to Democracy' II. JA Hobson and the Referendum III. John St. Loe Strachey: The Referendum 5. Representative Democracy: Reform and Challenge I. Proportional Representation II. The 'New Britain' III. Parliamentary Representation IV. Unofficial Conservative Reform Proposals V. Edward Goldsmith: Environment and Democracy VI. Beyond Parties and Voting 6. Programmes for Parliament I. The Webbs, Churchill and Sub-parliaments II. Parliamentary Reform and the Role of Committees 7. The Territorial Constitution I. A Federal UK: the Churchill Proposal II. Ramsay Muir and Devolution III. Mackintosh, Banks and the Revival of Devolution 8. The Executive: Organisation, Power and Constraint I. Expert Constraint II. Arthur Ponsonby and Democratic Control of Foreign Policy III. Delegated Power: Strengthening the Executive IV. Reforming the Civil Service V. Constraint and Separation Appendix 9. The Digital Constitution I. HG Wells: the World Brain II. 1968, Technology and Politics III. 1995, 2001, 2008: Online Government, Democracy and the Internet Appendices: Democratic Norms and Digital Technology Conclusions I. A Legitimate Process? II. The Constitution and the Future Postscript Memorandum for Country Contemplating Exit from the European Union Opinion on Challenging the Outcome of the 2016 Referendum introduction and summary Background facts Question 1: Would the Electoral Commission's findings be a sufficient basis to avoid an election to a legislative body? Question 2: might the referendum result be challenged before an election court? Question 3: MIght the Referendum Result be challenged by any other route? Bibliography Index "How far did the European Union (EU) referendum result of 23 June 2016 really justify and necessitate the policies executed in response to it? What are the implications of that vote and its prolonged aftermath for the United Kingdom (UK) constitution? What other challenges does our political system face? This book seeks to answer these questions. It considers from a constitutional perspective the way in which the decision to leave the EU was taken and then implemented, discussing in particular the role of Parliament as a legislature and political assembly. It includes a close analysis of the referendum legislation, and relevant parliamentary debates. The author also considers the wider implications of Brexit for a system that has changed substantially in the period since the United Kingdom first joined the European Economic Community (EEC) in 1973. Taking into account the expansive implications of Brexit, he considers a variety of aspects of the UK constitution, including referendums, Parliament, devolution and the Union, the Civil Service, and the so-called 'unwritten' constitution, from both an historic and contemporary perspective. The book then assesses other issues that do not arise directly from Brexit but are likely to have implications for the operation of the system, and have a global aspect to them. They include political applications of the Internet and climate change. Finally, the author makes a series of proposals for constitutional and other reforms that will help the UK's democratic system to adapt to its changing environment"-- Provided by publisher "How far did the European Union (EU) referendum result of 23 June 2016 really justify and necessitate the policies executed in response to it? What are the implications of that vote and its prolonged aftermath for the United Kingdom (UK) constitution? What other challenges does our political system face? This book seeks to answer these questions. It considers from a constitutional perspective the way in which the decision to leave the EU was taken and then implemented, discussing in particular the role of Parliament as a legislature and political assembly. It includes a close analysis of the referendum legislation, and relevant parliamentary debates. The author also considers the wider implications of Brexit for a system that has changed substantially in the period since the United Kingdom first joined the European Economic Community (EEC) in 1973. Taking into account the expansive implications of Brexit, he considers a variety of aspects of the UK constitution, including referendums, Parliament, devolution and the Union, the Civil Service, and the so-called 'unwritten' constitution, from both an historic and contemporary perspective. The book then assesses other issues that do not arise directly from Brexit but are likely to have implications for the operation of the system, and have a global aspect to them. They include political applications of the Internet and climate change. Finally, the author makes a series of proposals for constitutional and other reforms that will help the UK's democratic system to adapt to its changing environment"-- Site Web de l'éditeur "How far did the European Union (EU) referendum result of 23 June 2016 really justify and necessitate the policies executed in response to it? What are the implications of that vote and its prolonged aftermath for the United Kingdom (UK) constitution? What other challenges does our political system face? This book seeks to answer these questions. It considers from a constitutional perspective the way in which the decision to leave the EU was taken and then implemented, discussing in particular the role of Parliament. It includes a close analysis of the referendum legislation, and relevant Commons debates. Adapting methods from applied history, the author considers the wider implications of Brexit by assessing a series of proposals for constitutional reform produced in the UK since 1900. He addresses features of the UK system including referendums, representative democracy, Parliament, devolution, and the executive, from both an historic and contemporary point of view. The book assesses other issues that do not arise directly from Brexit but that have constitutional implications and a global aspect to them. They include political applications of the Internet and climate change. Finally, the author makes a series of proposals for reforms that will help the democratic system of the UK to adapt to its changing environment"--Bloomsbury Publishing