Concerns Of Brexit And The British Constitution

Introduction

For your typical United States citizen, the Constitution is a staple to the people. A highly protected and respected document. One that can be found in numerous texts and documents online and in books. In fact, the original copy sits in the National Archives building in Washington, DC. The fact of the matter is that the US constitution is highly materialistic accessible. This is a luxury that is quite different from many other states around the globe. Including Britain. Britain has come to know and understand a paperless constitution. A paperless constitution can raise the idea of leeway and adjustments to the system. Which in some ways, is a good thing. While at the same time, can bring pressing issues to the table. It can be hard to plan accordingly or negotiate something when there aren’t direct documents written in stone. Even the people within the country can create loopholes and successfully argue the system. Although, there is one specific issue that has been lingering for the past few years. One that keeps a country divided, and the people on edge. This issue is commonly known as the Brexit. An event that seems to running the British constitution on a thin line towards collapse.

Brexit and the Constitution

The Brexit was/is Britain’s proposition to essentially separate from the European Union. All in attempt to basically restore British Sovereignty. According to Michael Keating, the author of Britain Beyond Brexit, he explains how basically, Britain is split in two on whether they should actually initiate the Brexit or not. Although both sides are looking for Sovereignty in the UK, each side see it achievable in different ways. One side sees Sovereignty in separation, the other side sees it in unification as a group in the UK. The issue with a split country, is that eventually one side will prevail. Once it does, people will not react well. The idea of Brexit is a big deal in its own.

Although, on June 23 2016, a primary vote was cast to leave the European Union. The vote technically won. The majority of 51.9% voted in favor of the move. Even though the majority favors the Brexit, they have yet to leave the EU. All due to the fact that Article 50 exists in the Treaty of the European Union. According to an article by Douglas-Scott, Sionaidh in the book; Brexit and the Withdraw from the European Union

“Art 50 is the treaty provision that controls the UK's exit from the EU. It was inserted into the Treaty on European Union (TEU) by the Lisbon Treaty amendments in 2009 and gives some details as to how withdrawal negotiations are to be conducted.” 

This just adds another step for Britain to go through. Although, there are still political arguments and issues going on in the meantime. This makes going through the Art. 50 much harder for Britain. All of these issues lead to another issue. That would be the British Constitution. Technically, they do not even have a constitution. A phenomenon that poses issues for the citizens. The Brexit brings issues and questions to the table that their unwritten constitution just cannot resolve or provide answers for. Issues such as this begin to destabilize the Constitution. According to the article; Brexit: a challenge for the UK constitution, of the UK constitution?, Gordon states that presenting the constitution to concept of Brexit may just expose the underlying vulnerability and limitations to their constitution. He also mentions that the people seem to throw around the question if the constitution may have lead Britain to Brexit all along. The dissatisfaction of how the constitution works could have drawn the Brexit idea out of these issues. The claims that the UK makes are the only real pieces of the Constitution, take all that away and there is nothing there. What all this means, is that this constitution really is hanging on by just the UK government. With no materialistic value, it risks being overthrown. More likely now than ever.

With a split state and a paperless constitution, there is some serious pressure being put on their system. This issue does not seem to have a very clear solution, the UK has too many issues to take into mind. Stress that seems to be leading in the path of constitutional collapse.

Post-Brexit Possibilities

Due to the fact that Brexit has yet to happen, there are a plethora of possible events. For the sake of the argument, I will cover the possible results of the main argument. The whole argument of yes or no to Brexit.

Even though the vote for Brexit to happen has technically already won majority, there are still other factors that could lead to another result. Factors including interstate changes or even the whole article 50 issue. Say Brexit does not happen, what happens to the Constitution? Well, if Britain stays in the European union, it may be harder for the continued exposure of their constitution. Although, at the same time, it is one of those things where it was already exposed during the process, now everybody is catching onto these issues. Brexit brought out the true nature of the constitution, depending on how the situation plays out, there could be room for improvement. Although, it is important to consider the fact that they have a split state in the first place. Whichever event happens, people will not be happy. The events may push people towards these destabilized parts of the Constitution to favor their situation or outcome.

Which brings me to my next point. I do believe that if the British move closer the events of leaving the EU, more of the constitution could be exposed. Which, there really does seem to be too much lacking information for situations that appear with the Brexit. That issue opens loopholes that destabilize the Constitution even more. It seems quite possible if Britain exits the EU, they may see a Constitutional collapse. An outcome that may have less leeway than the other.

Conclusion

All of it seems quite ironic. The British present this idea in attempt to become that sovereign state, true to its beliefs. An idea, which requires the consideration that it quickly turns into a civil argument over the true way to reach sovereignty. Now has led them almost further from their true intention. Whichever outcome goes through, chances are the event itself is going to damage their constitution in some way. Although, in the path they are going to Brexit, a collapse seems possible. If they were to not go through with Brexit, it seems that their Constitution may have a slightly higher survivability rate. Either way, Brexit just acts in a way to expose how their paperless Constitution has probably just been hurting them in the long run.

Bibliography:

• Ayris, Paul. 2017. UCL Discovery: “Brexit – and Its Potential for Open Access in the UK.” UCL Library Services. http://discovery.ucl.ac.uk/1548929/1/Ayris_Brexit_potential_impact_open_access_UK.pdf
• Tammes, Peter. 2017. Sociological Research Online: “Investigating Differences in Brexit-vote Among Local Authorities in the UK: An Ecological Study on Migration- and Economy-related Issues.” British Sociological Association. https://journals.sagepub.com/doi/abs/10.1177/1360780417724067
• Freeden, Michael. 2016. Journal of Political Ideologies: After the Brexit referendum: revisiting populism as an ideology. Taylor & Francis Online. https://www.tandfonline.com/doi/full/10.1080/13569317.2016.1260813
• Gordon, Michael. 2016. European Constitutional Law Review: “Brexit: a challenge for the UK constitution, of the UK constitution?” 12(3). Cambridge University Press. https://www.cambridge.org/core/journals/european-constitutional-law-review/article/brexit-a-challenge-for-the-uk-constitution-of-the-uk-constitution/9AAFF18130B17F93006713C41463C1C7
• Douglas-Scott, Sionaidh. 2016. Modern Law Review: “Brexit, Article 50 and the Contested British Constitution.” Wiley Online Library. https://onlinelibrary.wiley.com/doi/full/10.1111/1468-2230.12228
• Keating, M. J. 2019. Britain Beyond Brexit: “Brexit and the Nations”, 90(s2). Pgs. 167-176 Political Quarterly.
• Ursula F Ott, Pervez N Ghauri. 2019. Journal of International Business Studies: “Brexit negotiations: From negotiation space to agreement zones.” 50(1). Springer Link. https://link.springer.com/article/10.1057/s41267-018-0189-x
• Steven Brakman, Harry Garretsen, Tristan Kohl. 2017. Papers in Regional Science: “Consequences of Brexit and options for a ‘Global Britain’.” 97(1). Wiley Online Library. https://onlinelibrary.wiley.com/doi/full/10.1111/pirs.12343
• Cloyne, James. 2018. Fiscal Studies: “Brexit: New Evidence and Policy Perspectives.” 39(4) pp.549-553. Institute for Fiscal Science.
• Kierzenkowski, R. 2016, OECD Economic Policy Papers: “The Economic Consequences of Brexit: A Taxing Decision.” No. 16, OECD Publishing, Paris, https://doi.org/10.1787/5jm0lsvdkf6k-en.