Whose Mandate is it Anyway? Brexit, the Constitution and the Contestation of Authority

Abstract

AbstractOver the past year, a seemingly relentless barrage of Brexit‐related challenges has besieged the British constitution, which together have called into question the legitimacy of the political system. Yet, although it is tempting to regard the decision to hold a referendum on Britain's membership of the European Union as precipitating an acute constitutional crisis, this article argues that political and democratic dilemmas arising from Brexit are symptomatic of a wider constitutional malaise, the roots of which extend far beyond 23 June 2016. Flowing out of this, the article contends that the current crisis is one of ‘constitutional myopia’, fuelled by decades of incoherent reforms and a failure to address adequately democratic disengagement; and that the EU referendum and its aftermath have merely exposed the extent to which the foundations of the constitution have been eviscerated.