Case study The struggle over Brexit

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Impact of the EU and Brexit on the UK Constitution

Brexit Time line 

Who is Sovereign Parliament or people?

The battle for Brexit in Britain pitted Parliament against the government, but it also pitted Parliament against the people. In so doing it exposed the reality and problem of representative democracy, that Parliament is not the instrument of the British people it is there to do what it thinks is best for the British people whether they like it or not. The referendum  instructed Parliament to do something it was opposed to doing- hence a delay of over three years and two general elections. In a sense the British people had to vote twice for Brexit, once in the referendum and once in the election of 2019, when Boris Johnson succeeded in making it a Brexit election in a way which Theresa May had failed to do in 2017. The people have finally got there way and the assertion of popular sovereignty has once and for all established that in matters of constitutional significance it is the people and not Parliament who are sovereign. What exactly Brexit means and whether it will be what the coalition of divergent groups who unified around a desire for Brexit, will be pleased has yet to be seen. The final deal to establish a post Brexit relationship between the EU and the UK will be settled (or may be settled) by the end of 2020.

The Courts have been pulled into constitutional politics.

 The fight over the prorogation of Parliament  amplified the role of the courts in arbitrating on constitutional matters that had previously been left to politicians alone. The courts have not usually become involved in  the unwritten elements of the constitution in such a direct way. It may have strengthened calls for more of the British constitution, including the role of the queen and the prerogative powers of the PM, to be clarified or changed through legislation or a codified constitution.

Impact of Brexit on Parliament

Parliament defeated May's deal on three occasions as well as delaying Johnson's request for an election. This was a level of Parliamentary Independence and assertiveness not seen since the days of John Major. Far from being a rubber stamp the Parliament began to resemble something like a US Congress however it was never able to take control of Brexit policy and although it blocked May's deal, it never unified around a policy of its own. Parliament was against Brexit, against soft Brexit, against a no Brexit and against another referendum, although groups within Parliament supported all of these alternatives. 

Has anything changed? After Johnson's victory in the 2019 election it might seem that the regular order has been restored since he has  80 seat majority, but it may also be that Parliament has set a precedent for future assertiveness - the revolt over Huawei and the appointed of Julian Lewis to the chair of the Intelligence and Security Committee against the government's wishes might be a sign of this continued assertiveness.

2025, the Labour government, only one year in office and with a large majority was forced to u-turn on benefit changes,-in another sign that the struggle over Brexit may have had a lasting impact on backbench assertiveness.

Impact seen in 2023

• The withdrawal created the ongoing Irish border dispute, with an effective customs border in the sea between Northern Ireland and the rest of the UK.

• The British economy lost around 5.5% of GDP, over £120 billion, as a result of Brexit alone, current estimates suggest.

• The UK was short of 1.8 million jobs by 2023 due to consequences of Brexit, according to a Cambridge Econometrics report, commissioned by the Mayor of London.

• Gross value added of the manufacturing sector grew over the years but did not reach the promised increase of £45 billion.

• In fishing, the results were disappointing, as many in the industry felt betrayed by the Leave campaigners.

• No obvious greater control of UK borders Brexit drastically reduced the number of migrants arriving from the EU resulting in skills shortages and reduced productivity  (Immigration from non EU countries increased)

• By 2023, Brexit cost the average British household £850 per year, according to the National Institute for Social and Economic Research.

The timeline story of Brexit

The government’s trouble began with hedge fund manager Gina Miller. The Sun newspaper called her the ‘Chief Brexit-wrecker’. She won a Supreme Court case in January 2017. This made the government seek parliamentary approval for its Brexit laws. It also triggered Article 50. This is the official process for leaving the EU. The government preferred to handle its own talks. It wanted to reach an agreement without parliamentary votes or long debates.

The European Union (Withdrawal) Act was introduced in July 2017. Theresa May called it ‘The Great Repeal Bill’. It became law in June 2018. This act repealed the European Communities Act 1972. During the bill’s time in the Commons, an amendment was added. This was against the government's wishes. It gave parliament a vote on the final Brexit deal. This became known as the ‘meaningful vote’. Focus then shifted to the deal's structure. It also raised questions about what happens if no deal was reached. Some hardline Eurosceptics wanted the UK to ‘crash out’. Others hoped withdrawal might be delayed, perhaps forever. The departure date was set for March 2019.

Between January and March 2019, the Commons rejected May’s deal twice. The first vote was a large defeat. It lost by 432 votes to 202. In March, a second vote also rejected the deal. The vote was 391 against and 242 for. The European Council offered to extend Article 50. This would happen if the deal passed by 29 March 2019. If not, the UK had until 12 April 2019 to propose a path forward. A third vote occurred on 29 March. It followed changes to the agreement. However, the government lost again. The vote was 344 against and 286 for. MPs clearly did not favour May’s deal. The UK was also nearing a no-deal Brexit on 12 April. The Commons then voted twice. This gave backbenchers control of the agenda. They were now leading the legislative process. On 1 April, the Commons held four indicative votes. These explored options for Brexit progress. A majority of MPs could support some options. These included a second referendum or staying in the customs union. No option gained majority support. All were defeated. This showed MPs agreed on what they rejected. They could not agree on what they wanted.

The situation continued with the European Union (Withdrawal) Act 2019. It is also known as the Cooper–Letwin Act. It passed in April 2019. The government strongly opposed this act. It passed its third reading by a single vote. The prime minister had to ask the EU for an extension. The EU granted another deadline extension. This new deadline was 31 October 2019.

Theresa May resigned as prime minister in June. Boris Johnson replaced her in July. He agreed on a new withdrawal deal with the EU. Another law then caused problems. This was the Benn Act, passed in September. It was named after MP Hilary Benn. This Act forced the prime minister to ask for a Brexit extension. This applied if the Commons rejected a deal or a no-deal exit by October 19. The Act set a new exit date of January 31, 2020. Johnson said he would rather die than ask for an extension. Some thought the government might ignore the Act. There were talks of legal action against the prime minister. Parliament refused to call a general election. This is a usual way to solve such issues. Johnson then tried to suspend Parliament. Many believed this was to avoid scrutiny of his deal. The Supreme Court ruled this prorogation illegal on September 24. A special Saturday session of Parliament occurred on October 19. This was to discuss the revised withdrawal deal. Johnson wanted a simple vote. MPs passed an amendment by Sir Oliver Letwin. This blocked the approval of his deal. Approval was tied to passing the withdrawal bill. This action triggered the Benn Act. The prime minister had to request an extension. He wrote to the EU Council for an extension until January 31, 2020. They granted this request. The government then arranged an early election. The Early Parliamentary General Election Act 2019 was quickly passed. This set an election for December 12. Johnson won a large majority. Brexit moved forward. The European Union (Withdrawal Agreement) Act 2020 passed easily. It passed with a majority of 99. No Conservative MPs voted against it. Just 11 days of scrutiny were given to the bill. Johnson secured his withdrawal deal. He also removed parliamentary checks on future Brexit talks.