From the start, Brexit was a quixotic project. Take the symbolic centrality of fishing—which makes up less than 0.1 per cent of the UK’s economy—to the negotiations over the future relations between the UK and the EU. There are many substantive issues at stake, but understanding Brexit requires a grasp of the strange, profoundly anachronistic, English understanding of sovereignty upon from which it is derived. [...]
Even within global politics sovereignty no longer refers exclusively to the capacity of the state to make arbitrary decisions, but rather to its international obligation ‘to preserve life-sustaining standards for its citizens’, while more widely observing the rule of law and postwar conventions on human rights. Sovereignty is thus about the responsibility to protect the rights and interests of the population, not control.
The key feature of the ‘Westminster model’ is that it does not differentiate between constitutional and normal law. Not only can any piece of legislation be undone by simple-majority vote; Parliament is also omnicompetent, as its legislative powers can override all claims to fundamental rights. For example, John Selden famously argued that Parliament could even make staying in bed after 8 o’clock a capital offence.[...]
Given all this, the European public can only hope that leaders in the UK and elsewhere—especially in those central- and eastern-European states whose obstinacy about the rule of law is based on a similar misreading of sovereignty—learn this lesson without doing too much harm to their peoples. If they do not, the result will be a less co-operative, less prosperous, more divisive and more dangerous environment, in Europe and around the world.
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