Brexit, Human Rights and the Role of Constitutional Culture

Javier García Oliva

doi:10.5380/rinc.v6i3.70441

Abstract

In order to fully explore this territory, it is essential to appreciate how both Brexit and Human Rights fit within the wider “Constitutional Culture” of the State. The article starts this discussion with an examination of what the concept of Constitutional Culture signifies, both generally, and also within the specific and idiosyncratic context of the United Kingdom. Then, it explores how human rights fit within British Constitutional Culture and assesses how the Brexit saga relates to both British Constitutional Culture and human rights as they exist within this paradigm. Having addressed the nature of British Constitutional Culture, the place of human rights within it and the impact of the Brexit process, the role of referenda in our democratic processes will be discussed, alongside the function of human rights, in sense of identifiable freedoms which can be named and asserted, within whatever form of new Constitutional Culture and settlement ultimately emerges.

Highlights

In order to fully explore this territory, it is essential to appreciate how both Brexit and Human Rights fit within the wider “Constitutional Culture” of the State
It explores how human rights fit within British Constitutional Culture and assesses how the Brexit saga relates to both British Constitutional Culture and human rights as they exist within this paradigm
I will confine myself to the two ways in which the Brexit saga has interacted with the pre-existing Constitutional Culture, in so far as both are directly pertinent to human rights: referenda and Parliament and the People

Summary

Constitutional Culture as a Concept

It should surprise nobody that the concept of Constitutional Culture has been widely discussed by academic commentators within the United States,[2] given the place which the Constitution has in the popular imagination and discourse, and in forging the collective sense of national identity.[3]. As Heller expressed it, Constitutional Culture is formed: “not just by text, judges or legislators, but by the citizens who are its addressees and observe its norms”.11. Having established this though, we are left with some interesting questions about contexts in which there is no codified constitutional document for citizens to affirm or reject, no bounded body of words to “address” the nation in Heller’s terminology. We need to resolve this riddle when looking at the United Kingdom

Constitutional Culture and the United Kingdom

HUMAN RIGHTS AND BRITISH CONSTITUTIONAL CULTURE

Referenda and the British Constitution

Parliament and the People

CONCLUSIONS