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As part of a new series Birkbeck Politic’s own Ed Bacon has a new book on Russian Politics-see here

Is there more to Russian politics than Putin?

Inside Russian Politics is an intelligent, critical and engaging account of the realities of contemporary Russian politics.  It is distinctive in widening our view of Russia beyond the standard account of global power plays and resurgent authoritarian menace. Putin matters, but he is not Russia. Russian military adventurism has had a major effect on contemporary international affairs, but assessing its aims and projecting future intentions and impacts requires analysis within a context deeper than the stock ‘Cold War renewed’ story.

The holistic approach of this book facilitates our understanding of power politics in and beyond the Kremlin and of Russian policy on the international stage. Revealing the Russia beyond Moscow and the central figures around Putin, Edwin Bacon focuses on Russia’s political present, not to ignore the past but to move beyond cliché and misleading historical analogy to reveal the contemporary – and future – concerns of Russia’s current generation of politicians.

Find out more about Ed’s work on Russia here.

 

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(image from whatdotheyknow.com)

To celebrate International Right To Know Day, the Centre for British Politics and Public Life held a panel discussion on how Open Britain was. The UK has seen more than a decade of continuous openness reform, from Freedom of Information and Open Data and all sorts of information on gender pay gaps and experiments with election data. But where are we now?

Our panel of experts, Martin Rosenbaum (Journalist, BBC), Rosemary Agnew (Former Scottish Information Commissioner and now Scottish Public Services Ombudsman) and Professor Sarah Childs (Professor of Politics and Gender, Birkbeck College) debated how open the UK really is in 2017 and where we could go next.

If you want to know about the openness of Britain’s political candidates and  restaurant hygiene, why FOI is not always enough and how Brexit could take us backwards, listen to the podcast below.

Listen on Sound Cloud https://soundcloud.com/british-politics-centre/how-open-is-britain-in-2017-and-where-next

For further reading

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(Image courtesy of Lotus)

On Saturday 10 June, the Guilt Group, in conjunction with the Centre for the Study of British Politics and Public Life, convened its fourth annual colloquium. It was devoted to whistleblowers. Here’s a brief overview of the policy in the UK. You can read more about the event here.

The UK’s current approach to whistleblowing was contained in the Public Interest Disclosure Act (PIDA) of 1998 a law that was widely praised for its scope and force. As this briefing explains, the law ‘protects workers who make “protected disclosures” from being subjected to detriment by their employers’ (as PIDA puts it, it applies to ‘certain categories of person, who disclose information of a certain kind in a certain way’).

In 2013, the coalition government argued that scandals over banking and controversy over failings in the NHS, particularly the 2013 Mid-Staffs case, highlighted the need for greater protections for those wishing to expose wrongdoing. The government concluded that the whistleblowing framework ‘has not worked as effectively as hoped, and … there is a need for a cultural shift in attitudes to whistleblowing.’ In 2013, the charity Public Concern at Work (PCW) commissioned a group of experts to examine and make recommendations on improving whistleblowing. This led to some changes in 2013 extending protections and introducing a public interest test, with other potential reporting requirements on whistleblowing also put in place but not implemented so far.

In 2014 the Public Accounts Committee noted that a positive approach to whistleblowing should exist wherever the taxpayer’s pound is spent. In 2016, when revisiting the topic, the committee spoke of how it was ‘disappointed by the lack of urgency shown in dealing with this important topic’ on which it previously reported in August 2014. The problem, it argued, was one of the difference between having rules and open cultures. Despite the existing protections ‘too often whistleblowers had been treated badly’, and ‘attempts at changing whistleblowing policy and processes…had not been successful in modifying a bullying culture or combating unacceptable behaviour’. The government had been ‘too focused on policy and process, rather than on taking the lead to drive the much needed cultural change required’. Looking across 15 years of the PIDA, Jeanette Ashton also identified ‘a frequent disparity between an organisation’s ‘party line’ and the cultural reality of the workplace’. However, she argued that, given the Act was designed for the difficult task ‘to change attitudes in the workplace…the PIDA continues, albeit incrementally, to move towards its intended purpose’.

But can we be sure that the application of whistleblowing rules will always produce desired changes in attitudes and culture? The recent example of the Liverpool Community Health NHS Trust highlights the difficulties employees still face, while the use of so called-gagging clauses in the public sector continues to have a chilling effect that can undermine and threaten disclosure. The current legal framework itself was then challenged in early 2017 when the Law Commission’s review of the Official Secrets Act proposed a series of changes to the protection of information that were described as a . According to the Campaign For Freedom of Information, these changes could ‘lead to the imprisonment of civil servants and journalists for disclosing information that would be available to anyone asking for it under the Freedom of Information Act’. When combined with new secrecy proposals in the Queen’s speech about patient deaths, these changes may mean whistleblowing could become harder not easier in coming years.

 

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How long does it take to read a classic 20th-century political novel? What if you read it aloud, from cover to cover over the course of one day?

On Tuesday 6 June , the answer to the first question was 10 hours and 57 minutes.

Richard Blair, George Orwell’s adopted son was three years old when his father completed the book in 1948. It was Richard who started reading ‘…the clocks were striking  thirteen’. Almost 11 hours, two tides and a fleet of 50 actors, journalists and activists later, writer Bonnie Greer intoned Winston Smith’s final, anguished defeat,  ‘…he loved Big Brother’.

This was 1984 Live, read and performed in our University’s Senate House. Propaganda was plastered over the darkened Chancellor’s Hall (notionally the heart of London’s federal university). The royal portraits and baroque tapestry-map were obscured by flickering slides of blitzed London and Airstrip One. Young actors, soundtrack and lighting, driven by technology Big Brother would have died for, accompanied the marathon reading.

You can see and hear the full reading of 1984 via the Orwell Foundation. Each will have their choice extracts: I’ll flag Michela Wrong on double-thinking Oceania’s international relations (at 1 hour 25 minutes), Peter Hitchens on memory and the revolution (3:19), Simon Schama on Julia’s copse (4:37), Billy Bragg on sex and totalitarianism (5:20), the pairing of Melyvn Bragg and Ken Loach (on Ingsoc and the party, 7:55). Jean Seaton (10:14, on Winston’s incarceration), herself the steely-chair of the Orwell Foundation and, I suspect, the red-sashed powerhouse behind the live reading.

Dank Senate House and its surrounding streets are central to 1984 and Orwell. The Senate inspired 1984’s Ministry of Truth and Room 101. Images of Orwell remain in the Fitzroy Tavern, Bricklayers Arms and other hostelries he frequented off Charlotte St (though not his imaginary ‘The Moon under Water’).  He died of tuberculosis in University College Hospital, a few hundred yards from Birkbeck and Senate House, on 21 January 1950. In the six months between the publication and his death, 1984 was reprinted several times. In its first year it sold almost half a million copies and has been in print ever since.

Birkbeck’s Politics Department was co-founded by the scholar who more than any other shaped our understanding of George Orwell. Bernard Crick’s monumental George Orwell: A Life was published in 1980 and remains the definitive biography. Crick himself gave a series of open lectures in Senate House on Orwell in 1982, marking the publication in paperback of A Life.  Royalties from the book underpinned the Orwell Foundation and the annual Orwell Lecture. Crick, who died in 2008, chaired the Orwell Prize until 2006; his death in 2008 left numerous intellectual legacies. These included Birkbeck’s archives from his work on Orwell, his editorship of Political Quarterly (currently back under a Birkbeck editor), as well as our Department and his wider writings.

You can read Ben Pimlott’s introduction to 1984 here and listen to the Birkbeck Arts week event ‘Will 2017 be 1984?’ here

David Styan is a Lecturer in Politics at Birkbeck

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Lots of people are eating humble pie about Jeremy Corbyn. In the 2017 General Election Corbyn was going to destroy the Labour party, lose Wales and lose Bolsover. Yes, yes, I know May technically ‘won’ but anyone who saw Michael Fallon on the TV knows full well who really won and lost. Jeremy Corbyn, the bearded, quasi-Marxist geography teacher and friend of [insert extremist group] deprived May of her majority, stopped her landslide and won the largest increased vote share since 1945. He even swung a near 10,000 vote majority in Canterbury and Canterbury has been Conservative since 1868, apart from a brief Independent Unionist presence 1910-18 (no, I don’t know either).

The point, though, is not to eat humble pie but to work out why the humble pie eating is necessary. Now I can argue that I’m not a quants or statistics person. Nor am I an expert in psephology. I am, I could also point out, extraordinarily bad at predicting elections (Listen in to our podcast to hear the wrongness). I wrongly predicted almost every significant political event since 2010:

  • Lib-Dems going into Coalition in 2010 (‘not going to happen’ I scoffed)
  • Conservative victory in 2015 (‘Don’t have the numbers-mathematically impossible’ I opined)
  • EU referendum of 2016 (‘60-40 Remain’ I announced just seconds before Sunderland)
  • Presidential election 2016 (‘Trump’s done for’ I said sagely after ordering a copy of Clinton’s (second) autobiography)

In part it is also the classic problems of a fire station effect and social media echo chambers. You talk and listen to people like you. Fellow lefties, fellow nerds, fellow cynics. But this isn’t really enough as an explanation. Here’s four reasons I was wrong.

The Polls, the Polls

We are obsessed. They shape our thoughts and guide our actions. We forget margins of error and the all-important qualifications that come with them. We are still obsessed despite a growing series of poor performances. In 3 major political contests in the last two years polling has been out or wrong, from the 2015 General Election, to the Brexit referendum and US presidential election. Yet still we interpret, analyse and believe them. We then enmesh ourselves in analysis of polls without stepping back and seeing them as just one source-and one that has shown to be pretty fallible. YouGov’s recent success now also points to the fact that old fashioned polling is out and more complex modelling is in: as the great Stuart Wilks-Heeg put it ‘Goodbye polls, hello multilevel regression with post-stratification’ (please drop this into casual conversation and impress your friends).

Truisms

Here’s a series of truisms about UK elections that Jeremy Corbyn has probably overturned or at least badly dented:

  • Campaigns don’t matter,
  • No one cares about manifestos,
  • Older people are all Tories,
  • Young people don’t turn out
  • The press have a decisive influence
  • Divided parties don’t win elections

The problem, as with polls, is that we hold the rules to be ‘self-evident truths’ rather than things that ‘normally’ but don’t ‘always’ happen. Just because you think it, doesn’t make it true, as Thom Yorke perhaps once said.

We need to recognise how these ‘rules’ can be bent. Take the example of technology. Andrew Chadwick pointed a year ago to the new ‘parties-behaving-like-movements’ phenomenon, where old bodies used social media and fluid networks to reach and mobilise voters in new ways. While everyone focused on Conservative Facebook ads, Labour was digitally mobilising, organising and undercutting the power of the traditional media, demolishing several truisms while we looked the other way.

Bias and Cynicism

Most academics are left-wing. However, most political scientists, I sense, have been somewhere between unimpressed to hostile towards Corbyn (though I suspect we have many ‘shy Corbynites’ amongst us). Why the bias? Most of us probably felt he has been a reasonably poor opposition leader by any measure, seemingly unfocused, disorganised and ineffective. For me personally, a red line was his lack of enthusiasm in the Brexit referendum and his later whipping of MPs and Peers over article 50. The only time I felt slightly pulled towards him was when he confessed he didn’t know who Ant and Dec were.

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Yet I forgot certain things, or at least my bias let me forget them. I forgot a politician campaigns in poetry but governs in prose. Corbyn’s prose was pretty clunky but his campaigning was, well, Shakespearean, especially when compared with May’s approach, which seemed to consist of  running around the heath in a lightning storm trying to lose her power (see what I did there?). Abraham Lincoln was once told his Commander in Chief, U.S. Grant, was a drunk. ‘I can’t spare that man’ he answered ‘he fights’. And so did Corbyn.

I also forgot that politicians and public perceptions of them can change and change very quickly. Look, topically, at how Martin McGuinness and Iain Paisley transformed themselves into doves or how Gordon Brown went from ‘Stalin to Mr Bean’ in a matter of weeks. It’s ironic that as the campaign unfolded I was writing about Ken Livingstone, another figure of the Left who, in the 1980s, turned vicious press attacks into a strength and sold Leftist policies as ‘common sense’ and simple fairness.

Frustratingly, I had glimpsed at how Corbyn could become a powerful anti-elite symbol but then dismissed it (and I want to go on record as being the only academic I know to openly compare Jeremy Corbyn to Charles De Gaulle). I have no such trouble with the Conservatives and have been loudly proclaiming May’s total incompetence since I saw her misinterpret article 50 at the largely unreported car-crash of a liaison committee appearance in December 2016.

But it isn’t just about bias. It’s also cynicism. Studying politics can make you rather pessimistic. Everyone fails, everyone disappoints. For any academic vaguely of the left the last few years have been a series of hammer blows from Miliband’s failure to Farage’s success, with a great big Trump shaped cherry on top. It was hard to believe someone could again bend the rules and win from the left.

Brexit

Brexit has confused us all and left British Politics in flux. Divided parties, divided countries and referendums, real and threatened, have all clumped into one huge rolling political and constitutional crisis that dare not speak its name. The fault lines run across Scotland, especially across Northern Ireland, and also through the ‘Two Englands’ that Jennings and Stoker have brilliantly mapped. But do people care?

Remember, the election was supposed to be all about Brexit. It was called because (i) those opposed to Brexit (9 Lib-Dem MPs and 55 SNP) could actively sabotage the other (586 MPs) who supported or accepted it and (ii) because the EU were plotting to throw the election to Labour (‘How’s the paranoia meter running?’ as Bob Dylan used to say).

Then something odd happened. Brexit stopped being discussed in the campaign. The Tories offered no further detail than they had in their utterly opaque White Paper that gave us all 14 weeks holiday a year. Labour’s Brexit plans would have confused the oracle at Delphi and, even now, I still can’t understand whether we would be in the Single Market or out.

But while the parties side-stepped it the voters didn’t. We are still awaiting proper analysis and data. So far, it seems, as the great John Curtice put it ‘Thursday’s results revealed that voters had not forgotten about Brexit.’ So it was, in a sense, the revenge of the Remainers who swung heaviest for Labour with Corbyn capturing even a good chunk, according to YouGov, of 25-44 year old Conservative Remainers. Yet Labour also drew in an anti-establishment UKIP vote up north. It’s almost impossible to know what to conclude except, perhaps, that Labour’s fudging was masterful as well as infuriating and that May lost not with the dementia tax but with her hard Brexit speech in January. Perhaps.

And so?

So what do we do now? There’s more mileage in connecting with activists and those who ‘do’ politics (a few Momentum and Tory workers wouldn’t go amiss at conferences) and also in understanding technology and change more generally. I also need to step back from media horse race and prediction game: I’ll aim to offer insight without predictions or at least give more wary speculations. Perhaps the best thing that could happen is to open up politics to other disciplines-historians, anthropologists and literature scholars can all offer insights (see this talk by Dr Declan Gilmore-Kavanagh on Boris and Jeremy here). We should certainly sellotape health warnings and margins of error to our heads and keep in mind Martin Luther King’s and/or Pliny the Younger’s dictum that ‘it always seems impossible, until it is done’.

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Birkbeck’s Professor Rosie Campbell explains what makes people vote the way they do…

After weeks of political campaigning, the UK’s electorate is about to be asked to choose a new government. But do people actually listen to politicians before deciding how to cast their vote? Is it party, reputation, fear or anger? Read the full piece on the BBC here

In Birkbeck Politic’s 33rd Westminster Watch podcast Dermot Hodson and Ben Worthy looks across the General Election of May-June 2017, asking who has had the best campaign and who had the worst policy (is it the Conservative’s dementia tax or UKIp’s hospital ships?). Most importantly, who will win? Find out here.

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With a snap General Election just weeks away, the business of what MPs do is back in the spotlight, with citizens closely scrutinising their views on everything from Brexit to bins. This year students on our Parliamentary Studies course each followed online the activities of a chosen MP for six months to see how Members of Parliament do their job and use their time, to answer the question ‘what makes a good MP?’ Students analysing their MP’s pages on TheyWorkForYou, read their tweets, and followed their blogs and voting record. Here’s what three of them found out:

 Georgina Ryall

Chosen MP: Hilary Benn (Leeds Central) ‘Rebellion and Responsibility’

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Labour MP for Leeds Central, Hilary Benn once told an interviewer, ‘Ultimately, all politics is a compromise between the purity of the ideal and being able to help people. You can be completely happy with your beliefs – but if you don’t win, you can’t help anybody’. After researching Hilary Benn for several months as my case study for ‘what makes a good MP’, I would say it is this conviction which best encapsulates his approach to the role of parliamentarian.

The job description of an MP is highly open to interpretation. Once the MP is in Westminster, the parliamentary roles that MP may take on vary from being elected Speaker and never voting on anything again, to remaining a backbencher and rebelling against the government their constituents elected them to represent. In the case of Hilary Benn, he is a curious mixture of rebellion and responsibility.

Benn has more parliamentary muscle and influence than most due to his current role as Chair of the Brexit select committee, several years of cabinet and shadow cabinet experience, a revered family name and an arresting style of oratory. He has voted with the party on the vast majority of issues and yet, in recent years, he has also proved capable of some high profile dissent.

Perhaps, when he publicly declared no faith in his party’s elected leader, he deemed it unlikely that Labour could ‘help people’ while polling saw them so dizzyingly far away from any hope of an election victory. However, good intentions aside, further resignations and a spiral of negative press were what ensued. Whether this made him a good parliamentarian depends on who you ask.

He also makes a ‘compromise’ between his Westminster work and his work in Leeds. His majority of almost 17,000 gives him ample manoeuvre room to spend more time in the chamber and less battling to prove himself in the constituency. Nevertheless he holds above average levels of surgeries and is an avid user of social media and a prominent local blogger. He has proved popular enough to comfortably win four general elections. The two are not separate phenomena.

Leeds Central’s Harvey Nichols bestowed city-centre is a short bus journey away from hill after hill of lapsed industrial suburbs. These kinds of deprived constituencies require more surgeries, staff and time and they are also far more likely to vote Labour. Add to this the increase in constituency communications from ‘fewer than twenty letters per week’ in the 1950s to hundreds a week today and it is evident that our MPs are working harder than ever before. This development became apparent reading the diaries of the former MP for Benn’s area, Hugh Gaitskell. Mentions of any constituency work are few and a rather far cry from what I speculate Benn’s seven surgeries a month entail. Gaitskell once recounted a visit to Beeston Working Men’s Club where he was greeted by rounds of applause and constituents buying him so much beer that his colleague had to help him drink it all.

An example of the decline in public opinion towards parliamentarians since then can be exemplified by a conversation I had with one of Benn’s constituents outside that same Working Men’s Club last year. I won’t repeat verbatim their views on parliament, but suffice to say he would not be buying any MPs a pint. Why Benn might be categorised with that era of corruption is unclear, being that his expenses were so frugal the newspapers named him ‘Bargain Benn’.

This brings me to the crux of my research, which found that much of what makes a good MP, despite popular belief to the contrary, is already exhibited by a majority of today’s members. But if the electorate is no longer paying attention, what does it matter how good the parliamentarian is?

 Jack Byrne

 Chosen MP: Dan Jarvis (Barnsley Central): the loyal crusader?

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Dan Jarvis, continually touted for the Labour Party leadership, represents the constituency of Barnsley Central. He has held the seat since a 2007 by-election in which he held the seat for the Labour Party. Since then he increased his majority in the 2015 General Election to a substantial vote majority of 12,435. Jarvis does not serve in the Shadow Cabinet and devotes all of his time to back-bench activities, scrutinising the Executive, and seeking clarity on issues, through both written questions to ministerial departments and oral questions within the House of Commons.

Although Jarvis is comparatively quiet in asking oral questions, asking only six questions between 16.10.16 and 29.01.17, he is rather more prolific with his written questions receiving responses to 131 questions from government departments in the same time period. He has covered a wide range of issues, from Brexit to care for veterans, but most prominently he has focused his attentions on the issue of child poverty for which he is the sponsor of a private members bill. The bill, which is due its second reading in the House of Commons in May 2017 (though the election may interfere), entitled the Child Poverty in the UK (Target for Reduction) Bill, tabled by the Back-Bench Business Committee, has received cross-bench admiration and achieved media attention, raising awareness for the cause in both parliamentary and public spheres.

Jarvis voted according along party lines in the recent EU Notification of withdrawal Act, voting with his Party and in line with his constituency, even though he campaigned for the UK to remain within the European Union. According to Public Whip Jarvis is a fairly well-disciplined member of his party, hardly rebelling, voting with his parliamentary affiliation all but 3 times since becoming an MP. He devotes much of his time away from Westminster taking part in constituency surgeries, and visiting local schools and hospitals.

William Donald

Chosen MP: Jacob Rees-Mogg MP: Member for the 19th Century?

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Jacob Rees-Mogg (47) is the Conservative member for North East Somerset. He is 47 years old and the son of William Rees Mogg (former Times editor) and Gillian Shakespeare-Morris. He was educated at Eton College and Trinity College, Oxford – where he read History. Following Oxford he became an investment banker in the City of London. His own children are famously looked after by the same Nanny that looked after Jacob, who also campaigns with him.

He has made 3 attempts to become an MP. His first attempt in the 1997 General Election was contesting a safe Labour seat in Central Fife where he came third, gaining 9% of the vote (3,669). The next attempt was in the 2001 General Election where he stood as prospective Conservative candidate for The Wreckin (Shropshire). Again Labour retained the seat but on this occasion he came second. His third and successful attempt came in the 2010 General Election as Conservative candidate for North East Somerset when he won the seat with a comfortable 4,914 majority. He increased the conservative vote by 2.2%. Since then he has stood for re-election in the 2015 General Election. He retained the seat but this time with a 12,749 majority and increased the Conservative vote by 8.5%.

Although the member for North East Somerset, some MPs also consider him to be the Member for the 19th Century on account of his style. Jacob is a Conservative, but definitely on the Eurosceptic wing of the party. Within Parliament, he is busy. Jacob sits on the Treasury Select Committee and the European Scrutiny Committee. He is also a member of the Palace of Westminster (joint committee), which is looking at the modernisation of Parliament. He clearly has a strong interest in Public Finance, according to ‘They work for you’ he has attended every meeting of the Finance Bill committee and the Financial Services reform committee (being the owner of Somerset Capital Management, he has a strong motivation for attending). In the last year he has submitted 57 written questions (above average). Since 2010 he has participated in 326 debates- again above average for an MP. Jacob frequently writes in the local newspapers. In one article he says that he finds ‘helping an aggrieved person obtain redress far more satisfying than all the debate in the chamber’. He tends to keep his constituency work low-key for reasons of confidentiality.

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