Powell, Alex --- "The will of the people: the UK constitution, (parliamentary) sovereignty, and Brexit" [2019] ELECD 2806; in Ahmed, Tawhida; Fahey, Elaine (eds), "On Brexit" (Edward Elgar Publishing, 2019) 81

Book Title: On Brexit

Editor(s): Ahmed, Tawhida; Fahey, Elaine

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: The will of the people: the UK constitution, (parliamentary) sovereignty, and Brexit

Author(s): Powell, Alex

Number of pages: 15

Abstract/Description:

‘The Will of the People’ has become a key refrain of government ministers since the United Kingdom voted to leave the European Union in June 2016. This chapter draws on the theoretical contributions of Carl Schmitt to suggest that the Brexit referendum was a manifestation of constituent power, the legitimacy of which undermines accepted norms of the UK’s unwritten constitution. Given the peculiarity of referendums within standard UK constitutional practice, the chapter focuses on the underappreciated power of rhetoric surrounding Brexit to justify executive actions contrary to established norms. Going on to examine the possibility of Parliament being stripped of its role as the final decision-maker within the UK’s constitutional setup, the chapter concludes by warning of the potential for new discourses around public sovereignty to make fundamental changes to the constitutional practice of the UK.