Brexit, the Misrepresentation of Democracy, and the Rock of Gibraltar

University of Bologna Law Review, Vol. 5

WVU College of Law Research Paper No. 2020-011

18 Pages Posted: 26 Oct 2020

See all articles by James J. Friedberg

James J. Friedberg

West Virginia University - College of Law

Date Written: March 2020

Abstract

This short essay makes three points regarding Brexit that have not been widely considered in public or academic debate.

First, Brexit advocates (Leavers) successfully misrepresented the referendum of June 2016 as a definitive expression of democratic will. ("The people have spoken.") The slim majority result was less than such an expression, particularly because it ignored inter communal and intergenerational democratic values - most profoundly, overriding clear majorities in Scotland and Northern Ireland which had voted to remain in the EU.

Second, even though within a year of that referendum, a majority of Britons (Remainers) had come to oppose Brexit, political leadership among the Remainers was woefully ineffective. Some, like Prime Minister Theresa May, simply changed sides, wrongheadedly accepting the people-have-spoken rhetoric. Other Remainers continue to make their case, but did not effectively argue that people had not spoken. Perhaps, most crucially, the British "first past the post" electoral system provided no viable remain option in the December 2019 elections. Put simply, in the December 2019 Parliamentary elections, Remainers had no one to vote for.

Third, hopes that the UK could easily rejoin the European Union (encouraged in part by remarks of EU leaders) are false. Article 49 of the Treaty on European Union (TEU) requires that a state which has left the EU should go through a rigorous admission process. Since Article 49 requires unanimity among EU member states, any member with an objection to Britain rejoining could block readmission. Most troubling for Britain could be Spain's long-standing claim for the return of Gibraltar to which the UK would be loathe to accede and from which Spain would be loathe to retreat.

Keywords: referendum, European Union, EU, Gibraltar, United Kingdom, UK, Brexit, leavers, remainders

JEL Classification: K00, K33

Suggested Citation

Friedberg, James J., Brexit, the Misrepresentation of Democracy, and the Rock of Gibraltar (March 2020). University of Bologna Law Review, Vol. 5, WVU College of Law Research Paper No. 2020-011, Available at SSRN: https://ssrn.com/abstract=3717811 or http://dx.doi.org/10.2139/ssrn.3717811

James J. Friedberg (Contact Author)

West Virginia University - College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

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