Professor AAA,
You
wrote: “[I]t is absurd to support that a referendum … and, no less, a
referendum in which key stakeholders such as those who had been out of the
country for more than 15 years, myself included, were disenfranchised ….” It
sounds like you have the right to vote—in the United States. Right? A good many
people who are out-of-country for 15+ years manage to take up foreign
citizenship. Likewise, in the U.S., we do not usually give a person the right
to vote concurrently in two states. When a person has contacts with more than
one state, our (U.S.) model is to make them designate one state as their
domicile or primary residence. Otherwise, the wealthy with land or businesses
in more than one state will have more than one vote (even in a single federal
election) and that cannot be right. Now, perhaps, a person with citizenship in
two different nations is situated differently, but it is hardly obvious why
that is. It is certainly not “absurd” to suggest that a person who has
exercised full voting rights in one nation might be a little hesitant to claim
that he was wrongly “disenfranchised” by a second state because over the last
15 years he cannot claim that second state as his primary residence. A black person
who was an American citizen and resident in Selma, Alabama could claim his
denial of voting rights circa 1968 was a wrong—a dual national with full voting
rights in one nation (but denied in a second nation) hardly has the same claim
on my conscience.
But
I suppose I could be wrong.
So,
could you tell me, what action (if any) you took to secure those British voting
rights that you so deeply value? Did you write any MPs? Send an editorial to a
British broadsheet? Join a protest? Send money to a party sympathetic to your
position? Did you bring a lawsuit, perhaps, based on the ECHR or some provision
of the current EU treaty? If a law school professor is not well situated to
bring such a lawsuit—then who in God’s name is? Did you do anything but grouse
on Conlawprof? Anything? At least the
good people of Alabama knew how to march. What did you do to protect those
voting rights that you so deeply cherish?
Now
you might say—“Seth, that is just counterfactual.
Nothing I could have done could have influenced how the referendum was run.”
Not true. The Gibraltarians have no seats in Parliament, and in normal circumstances, they would have been
excluded from the UK-wide referendum. (They did not participate in the 1975
referendum to retain EEC membership.) But they asked to participate in the 2016
Brexit referendum, and they were accommodated by a special act of Parliament. The
Gibraltar vote was about 19000+ for remain and about 800+ for leave. So, maybe
you can see why the Government was quite sympathetic with their request?
Professor AAA wrote: “it is absurd to support that a referendum … in a country with centuries
of parliamentary sovereignty, [as if that referendum] somehow counts as a truer
expression of the Will of the People than something that comes out of
Parliament.” I take for granted you are not counting the Queen or the House of
Lords. So it must be the Commons. But constituency sizes vary widely across the
Commons—and Northern Ireland, Wales, and Scotland are systematically
overrepresented relative to England. Even in England, constituencies are not of
equal size by population, number of nationals, or number of voters. So why a
Commons vote is a superior mechanism to make any choice is hardly clear. After all—people here at Conlawprof are
opposed to gerrymandering. Right? But the referendum was
one-person-one-vote. No gerrymandering. And Parliament participated—the Commons
voted overwhelming to delegate this question to the voters. The Commons vote
authorizing and delegating the decision to the people was 544 to 53. If you believe
in parliamentary sovereignty, then that permits Parliament to delegate. Sovereigns
get to delegate. That has been understood since Henry VIII and the Statute of Proclamations, 1539 (31 Hen. 8, c. 8) and recently
restated in Jackson & others v Her
Majesty’s Attorney General [2005] UKHL 56.
Professor AAA wrote: “The blow to Britain’s role in the financial industry alone will probably be incalculable.” Really—how
confident of that are you? Has there been a decline in the value of memberships
on any of the major financial exchanges? The London Stock Exchange, the
Petroleum Exchange, the LIFFE, etc? Have London property values plummeted since
Brexit?
Professor AAA wrote in 2019: “Leaving is equivalent to taking a gigantic pile of money and
lighting it on fire.” Enoch Powell wrote in 1968: “This is why to enact
legislation of the kind before parliament at this moment is to risk throwing a
match on to gunpowder.” (See The Telegraph.) Professor AAA, if you keep writing like that, I am going to
assume that you are English, not British. (See Blake’s Jerusalem.)
….
Professor BBB wrote: “Not to mention the lies and manipulation
of the Leave campaign, which just exacerbated the problem [for voters].”
Notice how Professor BBB feels no need to explain what those lies were or how voters
were manipulated or how significant the misinformation was. But just so there
is no confusion—there were lots of people on hand to argue the other side. Look
at the list. I wonder how is it that they were unable to make themselves
understood in a publicly funded vote?
Who
Supported Remain?
Her Majesty’s Government was for
Remain.
The leading opposition parties
were for Remain.
Most of the primary regional
parties in Scotland (SNP), Wales (Plaid Cymru), and
Northern Ireland (Sinn Fein) were for remain.
The Archbishop of Canterbury—Do you really need me to tell you
this!—was for Remain.
The EU was for Remain.
The diplomatic community was for Remain.
Cameron, the then-incumbent Prime Minister, at No.
10 Downing Street, was for Remain, along with all his living predecessors:
Brown (Is he still in the country?), Blair (Won’t he ever
leave the country?), and Major (Does he think anyone in the
country is listening?—A man’s got to know his limitations.)
George Osborne, the incumbent Chancellor of the
Exchequer, at No. 11 Downing Street, was for Remain, and he threatened the
voters—in his next proposed budget—should they vote Leave. (You
cannot so easily threaten voters who have a secret ballot!)
Jeremy Corbyn, the leader of the opposition, was
100% for Remain. (But no one really believed him.)
The majority of members of Parliament were for
Remain. (I am using British-English here.)
President Obama was for Remain. (People did
listen to him—then they voted the other way—just ask Frank Field.)
The bureaucracy and the Bank of
England were for Remain. (Go Team Canada!)
The labour unions were for Remain.
(What would P.J. O’Rourke say?)
Academia was overwhelmingly for
Remain. (ditto)
Industry (e.g., the Confederation
of British Industry) was for Remain.
The BBC and the largest part of
the media were for Remain. (Where is Bill Buckley when you need him?)
All the magazines were for Remain—The
Spectator excepted. (Who says
Fraser Nelson cannot do anything right?)
The actors & arts communities
were for Remain. (As of yet, no British headliners have emigrated. Tell
Mark Steyn.)
The vast majority of student
activists were for Remain. (British-English again.)
Owen Jones and all the wannabe student
activists were for Remain.
Diana Mosley (had she lived past
2003) was for Remain. (Just ask Mark
Steyn.)
The bar
and the legal profession were for Remain. But .... I repeat myself.
Now ask yourself: precisely, who
was on the Leave side?
Just some voters—and what do they know?
But here at Conlawprof—we
are all good democrats—honest & true.
Seth
Seth Barrett Tillman, Conlawprof, Voters, and Brexit, New Reform Club (Feb. 28, 2019, 14:46 PM), <https://reformclub.blogspot.com/2019/02/conlawprof-voters-and-brexit.html>.