‘…the worst form of majoritarian rule is when a minority actually rules, in the absence of an effective system of checks and balances’ (Bill Kissane ‘Is the Irish referendum a majoritarian device?’, in W. Marxer Direct Democracy and Minorities, Springer Verlag 2012, p.153.)
So ends the most bitter and polarising experience of postwar British electoral democracy. The economics of Brexit were heatedly and endlessly debated in the UK’s referendum campaign on EU membership, but ultimately they was trumped by voters’ considerations about national integrity and identity. A majority of 17.4m people voted to leave, while 16.1m voted to remain. For Brexiters ultimately these motives outweighed any concerns about the economic downside. To voters such as these, these are non-negotiable matters of identity – which is partly why their implications will resonate in complex ways beyond the event of the referendum itself. It is now inevitable that the issues which were the subject of so much febrile claim and counter-claim during the prolonged referendum campaign will continue to impact on the agenda of British politics and to forge realignments within and across the old lines of party politics.
The context and the campaign
Under pressure from the Europhobic wing of his own Conservative Party, Prime Minister David Cameron promised ahead of the 2015 general election that, should his party win a parliamentary majority, the government would seek to negotiate more favourable terms for British membership of the EU, before holding a referendum on whether the UK should remain in or leave the EU. On winning that majority (quite possibly to his surprise), he announced that a referendum would be held by the end of 2017 and embarked on negotiations with EU partners.
These negotiations resulted in a number of concessions and assurances being made to the UK. There were limits to in-work benefits for new EU immigrants , exclusion of the UK from ‘ever closer union’; more power for national parliaments to colletively veto proposed EU laws; and easier deportation of EU nationals for public security reasons. In February 2016, Cameron announced that the Government was content to recommend that the UK should remain in the EU on this basis, and that the referendum would be held on 23 June. He also announced that Conservative MPs – including government ministers – would be free to campaign on either side of the debate.
The campaign was focused around two officially recognised cross-party campaign groups – Britain Stronger in Europe for the ‘Remain’ side and Vote Leave for ‘Leave’. Each official campaign was entitled to spend up to £7m, free mailshots, TV broadcasts and £600,000 of public funding. In addition, an unofficial Leave.EU campaign, and a further offshoot of this called Grassroots Out, were active. While these unofficial operations were closely associated with UKIP and its maverick leader Nigel Farage, Vote Leave was largely the vehicle of Conservative Brexiteers with tensions between the two never far below the surface.
The campaign revolved around three major issues: the economy, immigration and the political independence of the UK from the EU. Evidence from an opinion poll conducted on the day of the vote suggests that the first of these was of overwhelming importance for those who wished the UK to remain in the EU, while those who opted to Leave were strongly motivated by the latter two concerns. Thus, while 40% of Remainers nominated the impact on jobs, investment and the economy generally as the number one reason for voting, and a further 13% felt that it would be better for their family circumstances, the respective figures for Leavers were only 5% for each of these options. By contrast, some 45% of Leavers nominated Britain’s right to act independently of other countries, and 26% believed it would improve the country’s ability to deal effectively with immigration as the most important factor, compared to figures of just 21% and 1% respectively for Remainers. Other issues also emerged in the course of the debate, especially the likely impact of a vote for Brexit on the integrity of the UK, but these did not attract the same degree of attention at the time – although this rapidly changed after 23 June. Overall, though, it is clear from this evidence that this voters’ choices in the referendum were not just about the economy, stupid.
There were various external interventions during the campaigns, especially by business representatives and independent researchers. Surveys of large UK businesses generally showed a strong preference for the UK to remain in the EU, while small and medium-sized UK firms (many of which depend less directly on overseas trade) were more equivocal. The UK Treasury warned of severe negative economic consequences of leaving the EU, a view that was backed up in various ways by independent bodies such as the Institute for Fiscal Studies (which estimated potential losses in tax revenues of tens of billions of pounds), and the IMF. As leading Brexit campaigners recognised that the UK would probably have to leave not just the EU but also the European Economic Area in order to control the free movement of people they became increasingly inclined to argue that a post-Brexit UK should trade with the EU under World Trade Organisation rules (which is to say, with import tariffs), which in turn sparked further warnings that such a turn would damage the British economy; for instance, the Centre for Economics and Business Research warned that half to thre-quarters of a million jobs could be lost if this happened.
The general tone of the debate became increasingly vitriolic as it progressed, with both sides accusing each other of making exaggerated claims, of ‘scaremongering’ or of downright mendacity. The nadir was reached with the shocking assassination of the pro-Remain Labour MP Jo Cox in her constituency on 16 June. Her assailant shouted ‘Death to traitors, freedom for Britain’ when arraigned in court.
|Table 1: United Kingdom European Union membership referendum, 2016|
|Leave the European Union||17,410,742||51.89|
|Remain a member of the EU||16,141,241||48.11|
|Invalid or blank votes||25,359||0.08|
|Registered voters and turnout||46,501,241||72.2%|
In demographic terms, the Remain and Brexit camps have been well defined for some time. Support for Brexit resembles that for UKIP in various ways, with particular strengths among older people, lower social class and less well educated voters. In YouGov’s final referendum poll conducted on the day of the vote itself, Leave seemed to enjoy commanding leads among voters aged over 50, and those whose highest educational qualification was GCSE or lower. Remain was the clear preference of those aged 18-49 and those educated to A-Level or degree standard. However, younger voters were far less likely to turnout at the referendum than older voters.
The polarisation of the UK is now sharply apparent in geographical terms. The vote for Brexit was strongest in a swathe of areas running down the east of England, especially in parts of Lincolnshire, Essex and the East Midlands, while London, Scotland and Northern Ireland remain the outposts of pro-EU sentiment. With Wales also voting for Leave, the electoral picture shows a divided Union.
Reactions and ramifications
The consequences for UK and Europe can only be speculated on so soon after the referendum, but it did not take long for the impact on party politics to become apparent. David Cameron resigned immediately, thus sparking a Conservative Party leadership contest. Boris Johnson emerged as an early favourite, with Stephen Crabb Home Secretary Theresa May, Energy minister Andrea Leadsom and former minister Liam Fox declaring their candidacies. To widespread surprise, Johnson’s key ally in the referendum campaign, Michael Gove, announced that he could not support Johnson and declared his own candidacy instead. Johnson then decided not to stand for the leadership.
Even more striking was the impact on Labour: the referendum outcome ignited a new spasm of factionalism as a clamour of complaint and recrimination about Jeremy Corbyn’s lacklustre performance in the campaign developed. Within 48 hours of the referendum result being declared the majority of Corbyn’s Shadow Cabinet had resigned or been sacked, and shortly afterwards 172 Labour MPs (more than 80% of those taking part) supported a No Confidence motion against him. However, he refused to resign as Leader, arguing that he retained the overwhelming support of the party membership. At the time of writing, it seems inevitable that he will be formally challenged in a new leadership contest, with ex-Shadow Business Secretary Angela Eagle apparently willing to be nominated. The possibility of a second victory for Corbyn within a year (given his continuing support amongst members) holds out the prospect of an eventual schism in the party. There is a very real prospect that Labour will fare badly in future elections, notwithstanding the Tories’ own problems, as the threat of enduring realignment of many of its traditional core voters to UKIP now looms very large.
While the parties struggled to come to terms with the outcome of the referendum, so did the electorate at large. The days following the referendum witnessed demonstrations against Brexit, outpourings of social media angst and recrimination, a marked growth in incidents of xenophobic abuse of foreigners of both EU and non-EU origin, petitions demanding a second referendum, and calls to lobby MPs not to support any Brexit vote in Parliament.
Beyond the UK (or what will eventually be left of it) the ramifications will be felt with perhaps even greater resonance: populists in France, Italy and the Netherlands swiftly demanded their own national referendums on EU membership. Leading figures from Merkel to Hollande and Juncker made it clear that the UK could not expect a special deal whereby it could cherry pick the parts of the EU that it liked and reject those it didn’t. In particular, there would be no prospect of British access to the Single Market without the free movement of people. It was also made clear that they wanted the UK to invoke Article 50 as soon as possible, and would not be negotiating behind the scenes until it did. Closer to home, relations between the two Irelands, one in the EU and one outside it, will bring further complexity to that island’s convoluted and troubled politics. Predictably, Nicola Sturgeon and the SNP pointed to Scotland’s overwhelming support for Remain in the referendum and claimed that the material circumstances had now changed to such an extent that a second referendum on Scottish independence was ‘highly likely’; new opinion polls revealed a surge in support for independence. She travelled to Brussels and immediately started lobbying for ways in which Scotland could retain its links with the EU after Brexit even in the face of Spanish opposition fearing Catalan independence.
Was the referendum a legitimate way of making a major constitutional change such as withdrawal from the EU? Using Arendt Lijphart’s well known ideal types, in a classic majoritarian democracy such as Westminster, Parliament is sovereign, which means that the majority there has the right to determine laws in a more or less undiluted manner, unchecked by other actors such as constitutional courts, or sub-national jurisdictions as in a federal system. This is an archaic view in some ways since it has evolved over centuries of practice in the UK, but it has accommodated itself to democracy since the 19th century to become a representative democracy based on the virtual model of representation: MPs are supposed to be chosen for their wisdom and experience to make decisions on behalf of their electors with a view to the national interest, and they are then duly held to account for their actions at ensuing elections. The alternative is a consensus model of democracy in which as many people and groups as possible get to influence the making (or vetoing) of decisions. This is based on a written constitution, constitutional courts and judicial review, proportional representation, multiparty politics and various other checks and balances designed to protect minorities and prevent the accretion of power by a single political, social or territorial block. Constitutional revision is regarded as so fundamental to the stability and wellbeing of the polity that the procedure for changing it is typically rather complex and involves the need to overcome high barriers to change.
Seen in this light, what the UK has done with the EU referendum is to hand over decision making power on an extraordinarily complicated and important constitutional issue to the electorate with no provision for establishing a consensus. No special thresholds or super-majorities were put in place to render constitutional change difficult, no checks or balances were introduced, and no special measures to protect minority rights or interests. In effect, the elected representatives who were elected for their wisdom and expertise absolved themselves of their usual responsibilities, so we were left with neither a true majoritarian nor an authentic consensus style democracy. Indeed, one might reflect that this is not even a case of genuine majority rule, given that only 37.4% of the registered electorate voted for Brexit. Rather, it bears the signs of an incoherent, simplistic and ill thought-through approach to matters of major constitutional importance, which renders the whole exercise quite illegitimate in the eyes of some critics.
Paul Webb (email@example.com) is Professor of Politics at the University of Sussex, and co-editor of the journal ‘Party Politics’.