A copy of the Bill to trigger article 50, in front of the Houses of the Parliament in London.

     (image from nigel AdamsMP  http://www.selbyandainsty.com)

The European Union (Notification of Withdrawal) Act has received Royal Assent, signalling the complete capitulation of Parliament to the government’s claimed authority to set the terms of Brexit, despite the Supreme Court’s best efforts. In passing the government’s Bill unamended, the House of Commons bowed not to the will of the people but to the will of the government to promote a particular approach to implementing the outcome of the referendum. The government has apparently decided on a ‘hard Brexit’. There is surely a majority in the House for a softer version, but MPs proved incapable of organising themselves to set the agenda and vote for that.

It is a puzzle why the government is apparently intent on propelling the UK towards the hardest form of Brexit, and why Conservative Remain MPs have allowed this to happen. The most charitable interpretation is that the government’s position is a bargaining strategy. To have any hope of getting other EU members to agree to a special relationship, the UK has to make it appear credible that it will walk away without an agreement. This, incidentally, makes it vital that Parliament is not allowed to vote on the final deal or non-deal, as it would surely reject a non-deal, and EU partners know this. Whether the bargaining strategy will work or not, we will find out, but there is an uneasy sense that the UK is playing chicken with a juggernaut. It will be very difficult for the other twenty-seven to find the flexibility that the UK demands.

The constitutional issue that this raises concerns the government’s power to negotiate on behalf of the UK without parliamentary constraints. The judgments in the Miller case clarify this power. Even while the judges determinedly stated and restated the principles of parliamentary sovereignty, they all agreed on the existence of executive prerogative in the area of international relations. Prerogative powers, as the majority judgment puts it, relate to ‘important areas of governmental activity which .. are essential to the effective operation of the state’, including foreign affairs: diplomatic relations, the deployment of armed forces abroad, and the making of treaties.

The judgments in Miller turned on the question of whether this prerogative power could be invoked to end the UK’s membership of the EU. The majority held that the government could not invoke its authority over foreign affairs in dealing with the EU, as EU law has become part of domestic law. To treat EU membership as a matter of prerogative would be to assert prerogative powers to change domestic law, and that is untenable. Parliament makes the law, not the executive. But here the legal position comes up against the realpolitik of negotiation, and it is surely this that meant there was no rebellion on the Conservative side, with the lonely exception of Ken Clarke. Conservative MPs with Remain constituencies followed the logic of power that has served their party well for a century: their government is leaving the EU and their task is to ensure that it has the bargaining power to do so on the best possible terms.

The finding that EU law is part of domestic law has important practical effects. A remarkable achievement of the EU is that it has replaced diplomacy and executive discretion in international relations with a system based on law. While this legal system is integrated by the supremacy of the Court of Justice in Luxembourg, it is first and foremost a system based in domestic law, routinely accessible to businesses and citizens. The effect is that a UK-based business which finds itself excluded from trading or operating in another state can challenge the regulatory authority that is obstructing it in the courts of that state. The British government need not get involved; indeed, very often the higher echelons of government in the other state do not get involved either. They can leave the question to the relevant regulatory body, which wins some cases and loses others in its dealings with its own business community and citizens, and has the same relationship with those based abroad (provided they are in the EU).

In its Brexit plans, the government has been forthright in its determination to leave this system. Bringing an end to the jurisdiction of the Court of Justice is the main subject of chapter 2 of the Brexit White Paper, ahead of controlling immigration (ch 5) and ensuring free trade (ch 8). In future, aggrieved citizens will have to turn to their consulates. Businesses that find their market access blocked by a regulatory agency will have to ask the UK government to take up their case, instead of being able to seek the protection of EU law in the courts of the country that has blocked them.

A charitable interpretation of the government’s strategy is that it is trying to secure a strong negotiating position; a less charitable interpretation is that senior members of the present government fundamentally reject an international system based on law. They prefer bargaining and diplomacy to the settlement of disputes by independent authorities. One explanation of this preference is that judicial settlement of international disputes has a tendency to spill over into areas of domestic law which have no apparent cross-border aspect. Indeed, it is arguable that the Court of Justice has done little to prevent this spillover, as it has over time given up the self-restraint that confined its decisions to matters with cross-border effects. Still, the hostility of the present government to judicial authority is striking. Courts are, apparently, all tarred with the brush of progressive liberalism. The Court of Justice has blotted its copybook with the British government with decisions upholding the rights of EU migrants to receive social security benefits. This is small beer financially and economically, compared with, say, the same Court’s decision that the City of London must have non-discriminatory access to the euro derivatives market, but the government seems unable to weigh up the gains and losses in a rational way.

Brexit will mean the replacement of law by diplomacy in economic relationships with the EU. Diplomacy is an area of prerogative power; leaving the EU will enlarge the domain of this power. The national sovereignty that is being reclaimed by Brexit is not parliamentary sovereignty: it is executive authority. What is at stake is not parliamentary power, but the balance of power between a judiciary that is part of a supranational legal order on one hand, and the executive (and the legislature it dominates) on the other. The primary impact of leaving the EU will be to reduce the authority of the judiciary and and increase that of the executive.

We will not see international relations widely discussed and debated in Parliament: it is an area where secrecy prevails. The Supreme Court did its best to allow Parliament to have a say on Brexit, unequivocally rejecting the claim that the referendum result could be put into effect directly. Parliament’s capitulation shows us how referendums really work. They permit the expression of a general ‘will of the people’, but the people’s will is susceptible to interpretation, and it is the political executive that has seized the power to interpret. Parliamentary democracy and the rule of law are squeezed between the general will and the strategic executive, between the moment (but only a moment) of democratic expression and the long-drawn-out process of closed door negotiations.

This is a shortened version of a forthcoming Commentary in the journal Political Quarterly. The full text can be found at http://www.pqblog.org.uk/2017/03/parliamentary-sovereignty-and-brexit.html

Mainstream parties need to begin addressing conservative whites’ anxieties about the demographic growth of Islam, or populists will continue to thrive. This demands a sustained programme to improve demographic literacy.

Geert Wilders may not have come first in the Dutch election, but he came second and forced his opponent, Mark Rutte, to tack closer to Wilders’ Muslim-bashing position. Once again the pundits will wring their hands and tell themselves the comforting story that economic policy can undercut support for right-wing populism. But, as with the Brexit and Trump vote, ethnic change and values, not economics, better accounts for populist success.

Why Muslims Matter

The Muslim share of the population, and its rate of increase, is an important barometer of cultural change. Raw immigration inflows aren’t a good measure since they contain a large share of intra-European migrants – often from neighbouring countries – who evince little concern in most mainland EU countries. Muslims are not only culturally different to Europe’s white majorities, but – because our brains are drawn to vivid images rather than representative data – evoke panic about terrorism and threats to liberty.

Figure 1 shows an important relationship between projected Muslim population share in 2030 and support for the populist right across 16 countries in Western Europe. Having worked with IIASA World Population Program researchers who generated cohort-component projections of Europe’s Muslim population for Pew in 2011, I am confident their projections are the most accurate and rigorous available. I put this together with election and polling data for the main West European populist right parties using the highest vote share or polling result I could find. Note the striking 78 percent correlation (R2 of .61) between projected Muslim share in 2030, a measure of both the level and rate of change of the Muslim population, and the best national result each country’s populist right has attained.

Clearly other factors matter: Austria’s Freedom Party nearly won the election in 2016 when Norbert Höfer captured 49.7 percent of the vote. This places the party well above the line of what we would expect on the basis of its 2030 Muslim population. Likewise, Germany’s AfD or the Sweden Democrats underperform the regression line. The Front National’s maximum poll of 28 percent is also below what we expect, though this could increase to around 40 percent if Marine Le Pen advances to the second round in France’s upcoming election.

fig 1

Figure 1.

Source: Election and poll data and Pew Forum, ‘The Future of the Global Muslim Population,’ interactive feature. Accessed Mar. 10, 2017.( R2 = .611/ N = 16)

Why focus only on Western Europe? Because right-wing populism in established democracies differs in important ways from similar phenomena in the new democracies of the continent’s East. There are two main types of nationalism, one focused on national status, pride and humiliation, the other on ensuring the alignment of politics and culture. East Europe’s nationalism is more concerned with the former, West European nationalism with the latter. In addition, memories of an authoritarian golden age are fresher in the post-Communist world, where they continue to inspire revanchism. In western Europe, appeals to the halcyon days before messy democracy ruined everything carry little resonance.

Why use maximum populist right share? Because support for populist right parties is highly volatile over time whereas Muslim share is not. Any cross-country comparison using current polling data will therefore be noisy and inaccurate. Lacking an established brand, populist right parties are more vulnerable to leadership change, scandal and splits than mainstream parties. Their high-water mark is therefore the best indicator of their potential support in a country’s population. That is, the extent to which those who support populist right aims are willing to defy antiracist norms to vote for them.

As with Brexit and Trump, education, and not income, is the critical demographic. This is because values rather than people’s economic situation are critical to explaining the vote.  And this change tends to polarize country’s populations – radicalizing so-called ‘authoritarians’ who prefer safety and security to novelty and change.

Immigration attitudes are tightly linked to populist right support. With this in mind, consider the relationship between authoritarianism and immigration attitudes in figure 2, based on data for 16,000 native-born white respondents to the 2014 European Social Survey. ‘Authoritarians’ – those who place a high value on safe and secure surroundings, are more likely to perceive immigrants as making their countries a worse place to live. But in countries with low Muslim populations (i.e. Ireland or Finland, where Muslims are less than 1%), authoritarians and others differ by only one percentage point: 3 percent of those who say safety and security are important ‘strongly agree’ that immigrants make their country worse compared to 2 percent for others.

Now look at the rest of the sample, from countries where Muslims exceed 4 percent of the population. The gap between the red and blue lines is now three times as large, with over 6 percent of safety-conscious individuals now strongly anti-immigrant. If you are white and less concerned about safe and secure surroundings, the share of Muslims in your country has only a small impact on your view of immigrants. If you care about safety and security, Muslim share makes a big difference to those views.

Figure 2.

fig 2.jpg

Source: Data from European Social Survey 2014. N=16,029. Pseudo R2= .084. Controls for country income; also individual income, education and age. Countries: Austria, Belgium, Switzerland, Denmark, Germany, Finland, France, Ireland, Netherlands, Norway and Sweden.

This is no artefact of Irish and Finnish uniqueness: an interaction of Muslim share and safety/security across the full range of Muslim share and the security scale produces an even stronger effect. This tells us that ethnoreligious change interacts with authoritarian values to ramp up concern about immigration – which benefits the populist right.

Policy Implications

What to do? To begin with, mainstream parties and the media need to acknowledge that demographic change increases anxiety over immigration among whites whose values are oriented toward security and order. Having isolated the real issue, they must then focus their efforts on raising people’s awareness about the realities – not the fantasies – of Muslim demography in their countries. This will be much more effective than decrying worries as racist – which will only amplify fears that people are not being told the truth.

The belief that Muslims have sky-high fertility and will take over Europe is not confined to viral videos with over 16m views. At the European Commission, I was astounded to hear a member of the European elite ask whether such claims were true. The extent of this demographic illiteracy makes it imperative to begin a concerted public information campaign.

Figure 1 shows that no country will be more than 10 percent Muslim in 2030. So in 2050, France is projected to be just 10.4 percent Muslim. Yet Ipsos-Mori’s report shows the average French person thinks France will be 40 percent Muslim in 2020, a few years from now, instead of the actual 8 percent. Across Europe, the average overestimate of 2020 Muslim share is 25 points. Previous work by Bobby Duffy and Tom Frere-Smith at Ipsos-Mori shows that people across the West routinely overestimate immigrant share by a factor of two or three.

But information can counteract these claims. A recent survey experiment finds that when people are given accurate information about the share of foreign born in their country then asked a month later what the share is, they adjust their estimates 12 points closer to reality. The Pew projections, based on the best immigration, fertility and switching data we have, show that the rate of Muslim growth in Europe is tapering. In 2050, no West European country will be more than 12.4 percent Muslim, far lower than most think is the case today.

Europeans should also be regularly told about of what is happening with Muslim total fertility rates (TFR). These have dropped across much of the Muslim world. Among leading European source countries, many are at or below replacement. Turkey’s is 2.06, Iran’s 1.92 and Morocco’s 2.12. Across Europe, the Muslim TFR is 2.1, precisely the replacement level. Finally, how many French voters are aware that half of Algerian-origin men marry out, or that 60 percent of French people with one or more Algerian-origin parents say they have no religious affiliation?

Europe’s opinion formers have gushed about transformative diversity so much that people now believe it. My previous work on conservative White British voters shows that demographic reassurance, focusing on the idea that immigration can be absorbed with minimal change, significantly reduces anxiety about immigration and support for Hard Brexit. Europe’s mainstream parties and the media need to stop skirting public anxieties and start addressing the mammoth problem of demographic illiteracy.

 

Eric Kaufmann (@epkaufm) is Professor of Politics at Birkbeck College and is writing a book about the White majority response to ethnic change in the West (Penguin).

On St Patrick’s Day 1995, Bill Clinton courted controversy by shaking hands with Irish Republican leader Gerry Adams. A politician accused of past involvement in the Irish Republican Army, Adams was a key player in the Northern Irish peace process. As such, Clinton’s willingness to extend his hand was correct if no less controversial because of it. This year, it is the Irish Taoiseach (prime minister), Enda Kenny, who faces criticism for his St Patrick’s Day meeting with Donald Trump. There is no better sign of the topsy-turvy times in which we live. Continue reading