How to Brexit? – Explore the (im)possibilities of the different Brexit scenarios
howtobrexit.eu
howtobrexit.eu
I did not used to think this. In 2007 British Columbia had a referendum on switching to proportional representation from FPTP. The result was like 52% in favour, but the government had set a minimum of 55%,so it did not pass. I thought it was a a terrible idea at the time (the people had spoken! Democracy!), but I don't think so anymore. Another example is the 1995 Quebec independence referendum, which "stay" narrowly won, but afterwards the federal government passed an act making it much harder to pass a referendum.
Basically, the bigger the question, the longer and larger implications it has, the more it has to be thought through, the more consensus there should be. The US constitution has features like this when it requires large majorities to pass amendments etc.
As an engineering metaphor, having a fast-response system without any dampening can lead to out of control oscillations, which ultimately destroy your system.
I lived in San Francisco for a while, and I don't remember the numbers and I know you can look this up, but it felt like I was voting No on up to dozen different bond proposals every two years. Doesn't matter, they always pass. (To clarify, I also don't remember if these were always up to a majority vote, but they almost always pass unless it's for something Californians don't like for whatever reason.)
It more than feels like it; most people don't know that.
As with other things, we can blame the total lack of financial education in our education system.
Since Proposition 13 passed in 1978 (by a simple majority), California has required 2/3 majority votes in the legislature to increase taxes, and 2/3 majority votes for local elections to increase taxes.
https://en.wikipedia.org/wiki/Scottish_devolution_referendum...
I love Palin's delivery of this:
"Listen, strange women lying in ponds distributing swords is no basis for a system of government. Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony. You can't expect to wield supreme executive power just because some watery tart threw a sword at you. If I went round saying I was an emperor just because some moistened bint had lobbed a scimitar at me, they'd put me away" :D
Personally, I'm against referendums of any kind.
Realistically they should have planned more, but planning is limited when you're going into negotiations with an unpredictable third party. If other countries had voted to leave the EU, or the German or French elections had been different then the negotiation would be very different. Even the UK election after the vote could have wildly changed our brexit policy.
Presumably Norway isn't in the ECHR, which would be significant. Neither is it obligated to join the Eurozone. It's more complicated than you're painting it.
The ECHR is a separate institution to the EU anyway so I'm not sure why it would be relevant. Leaving the EU does not leave the ECHR, and there has been no referendum to suggest that the UK should do that.
None of this means that the recent referendum gave any mandate for leaving the ECHR.
When a vote is for 'status quo' or 'not status quo' then there'll be a lot of people voting for 'not status quo' that want radically different and incompatible things.
What I said was that I was not in favor of direct democracy. In context, what that means is "rule by referendum". I'm against it, and so were the authors of the Constitution. And they had good historical reasons - they saw what happened to democracy in ancient Greece. That position is not directly related to the electoral [not electorate] college. I could be against the electoral college without that invalidating my position on referendums.
As it happens, I am in favor of the electoral college, but on different grounds - limiting the ability of the large states to run over the small ones. It's the same reason we have a Senate, not just a House of Representatives.
However in the case of things like brexit vote, it really does seem like it’s the elites versus the common folk battling out what their vision for what the country should look like.
I wouldn't be surprised if that were the case, but information from someone who knows more would be nice...
A referendum should be held on major political stuff (like leaving the EU or Scotland leaving the UK) if national polls have pinged the opinion at least 60%, and then it should also require a higher majority (like 60%) to change. This ensures a big major change happens if it's really wanted, but for very divisive issues it will take time.
So yes we should keep having a Brexit referendum if the national polls start getting 60% support, until then it's not worth it. And it should require more than 60% otherwise if you go 50% like now, you have half the country hating the other half. If we kept the status quo, then the brexit people would have had to keep up and slowly change peoples opinion so the majority of the country agree.
A better informed electorate would have prevented Brexit. We don't allow foreign countries to air political ads. It's time social media policies caught up.
[1] https://en.wikipedia.org/wiki/Russian_interference_in_the_20...
[2] https://www.euronews.com/2018/02/12/new-report-concludes-rus...
Yes, foreign interference was a problem, and we need to do better to prevent it. And simple majority rule on referendums leads to hotheaded spur-of-the-moment decisions, even without foreign interference.
Rather, I think it is absolutely important to inform the electorate and to make sure that propaganda is effectively prevented. I have literally no idea how to do any of that.
If “the people” cannot be convinced of your arguments, then the arguments suck — and one thing I’ve been amazed at since the referendum is how severely all of the talking heads in the UK, Remain and Leave both, have persistently failed to connect with any issue of importance to the other side.
Personally, I think the problem is that social media means that too much of the conversation is in echo chambers, and echo chambers are terrible at fairly considering the other side's view.
BC held a referendum in 2005 which was on Single Transferrable Vote. 57% voted in favour, but the threshold was set at 60%, with a majority needed in at least 60% of the electoral districts.
BC held a second referendum in 2009, and the vote swung in the other direction. Only 39% voted in favour of STV.
So a majority vote for Brexit that fell short of a prescribed threshold would create huge problems for future EU treaties.
Again, not attacking, genuinely curious.
For this kind of referendum it also might be worth considering changing the "one person, one vote" rule.
By "this kind" I mean referendums that (1) have a much bigger long term impact on some large groups than they do on other large groups, and (2) there is good reason to believe that within some reasonable time frame that those groups who are the most impacted will be able to win a referendum to try to reverse this referendum, and (3) it will be very difficult and take a long time implement such a reversal.
It just doesn't seem fair that, say, someone who is 95 years old and who has a very good chance of being dead before Brexit can be implemented and a 25 year old whose entire life has been built around a world where Britain is part of the EU have an equal say in this.
2005 Referendum was 57.7% Yes, 61% turnout, required 60% to pass.
2009 Referendum was 39% Yes, 55% turnout, required 60% to pass.
This year, we get to vote on both Yes/No, as well as rank three possible systems - current polls are 32% no, 33% yes, 33% undecided, and MMP with 49% support. To pass, we require only 50% Yes votes, but there's a clause that will have us do a followup in 8 years (2 election cycles) as to whether to keep the PR system or go back to FPTP.
I'm very happy with the "50% but built-in allowance for takebacks" setup this time around.
It therefore makes no comment on the Checquers plan which even if you don't like it, is just deceptive. Checquers plan would be equivalent to a different kind of checkbetween NI and Ireland, not a hard border but the idea being (I think) that we check good on the way in for whether they're intended for consumption or export to the EU, if they're passing through to the EU we apply our own tariffs. On the EU side I think we don't put tariffs, then we don't have to do any checks on the way in or out on that border because the EU tariffs have been applied on the way in.
Whether you think that's feasible, mixing up hard borders with economic alignment and completely ignoring the nuance of hard border vs tech border and the government's current proposal is gross.
This pretty much the case in the entire rest of the world. Political or economic misalignment == hard border, so people and goods can be checked and charged for. It's not so much a conflation as just becoming any other country outside the EU.
The solution to this, a soft border managed by technology just doesn't exist, it's science fiction. Even if you believe it is possible, you've got 6 months to 1. Negotiate this between the UK and EU, 2. Get the UK political system to agree to it, 3. Create and test the system and 4. Deploy it. That's a tight timescale for any project of this size, let alone one that has so much required work that needs to be done beforehand.
That's a losing move too.
The Leave voters would all label you 'undemocratic'. That sentiment imposes a definite cost on you as well.
Unfortunately, at this point there really are no "winning" moves. Probably just a few moves that might be less bad than other moves.
This is the same country that has the queen give "consent" for all legislation, correct?
What exactly is the point of the monarchy if they won't step in during this serious issue to act as the "adult in the room"?
We would call it that. Hmm. What do you call it in the UK? A crisis caused by the challenge of technically legal but completely unfounded government/monarchy actions.
https://www.parliament.uk/about/living-heritage/evolutionofp...
https://en.wikipedia.org/wiki/Constitutional_crisis#United_K...
It's just not all written down (lots of things work on 'convention'), and the bits that are written down aren't all written down in one document.
Practical question: how does one determine whether an action is unconstitutional? How does one refer to "case history" (or whatever) if it's not written down?
Of course, if we did have an official written constitution, that would make it immediately clear what was and wasn't constitutional. That is why, for example, there is never any disagreement over such matters in the US :)
I appreciate the joke (really!), but that's not what's perplexing, here. Even if there are disagreements in (e.g.) US constitutional matters, the reference documents and their order of succession is well-known.
Are there ever cases in the UK where two different canonical documents disagree?
I've been living here for a year now... I really ought to know this stuff :/
Don't worry, people who have lived here all their lives often get this stuff wrong!
>Are there ever cases in the UK where two different canonical documents disagree?
IANAL, but as far as I know it generally doesn't happen.
Parliament is sovereign, so what it says (when it creates Acts of Parliament) goes. And newer Acts trump older Acts.
There are exceptions, though. For example:
- Common law, which is entirely created by case law. However statute does override this where it exists
- 'Constitutional Acts', which are certain Acts of Parliament that are held to be more foundational. For example the Parliament Acts 1911 and 1949, the Human Rights Act 1998 and the European Communities Act 1972. These are exceptions to the "newer Act trumps older Act" doctrine and can only ever be explicitly repealed, modified or ignored.
For example, in Canada the dissolution of Parliament (aka. triggering an election) occurs because the Prime Minister asks the Governor General (who is basically a proxy for the Queen of Canada) to issue a proclamation stating as much.
So does that mean the Prime Minister could simply never do that, causing their party to form the official government indefinitely?
Well... Maybe. Nothing says they can't do that. It's just that no PM has ever thought of trying it.
It must sound loosey goosey and kind of dangerous, but it seems to work fine.
Some rules aren't written unless some jerk makes us write them down.
But you make a good point. Why can't their queen or whatever just say no we're not leaving? I'm not sure? I'm from the US. We don't have the whole monarchy thing going on.
The last time royal assent was refused in the UK was in 1708:
Merely giving a televised speech that she respects the will of the people, but hopes they will take into consideration here years of experience and view it will be dreadfully harmful would have probably nudged a no. I know she normally does not comment on politics, but I also thought it's not out of the realm of possibility she'd pull a Silent Bob and speak up briefly when it is deeply needed.
Again I ask: what is the point of the monarchy, if they do not step in as some sort of check on the legislative branch when things go off the rails?
It would cause a huge problem, as they have to sign off every law, and every large cheque. It would require an actual real constitution, which would be impossible give the current damp paper bags we have in parliament.
To conduct the referendum and then not abide by the result would absolutely be undemocratic. The UK is already dragging it's heels on taking action WRT Brexit IMO. I think that they will drag it out so long that they say the mandate of the referendum has expired, and then re-rerun the referendum. They will rinse and repeat until they get the result they want.
As an example Ireland voted not to join the EU the first time they did a referendum, they simply had more referendums until they got a yes.
https://www.theguardian.com/commentisfree/2008/dec/13/eu-ire...
One of these was the now defunct concern around abortion.
All the brixteers saying to not have another referendum and that's it's not democratic is a cognitive dissonance. It's saying it's not the will of the people to ask the people if they want.
Ireland as you said kept voting until they joined the referendum. So initially they didn't want to join, but then over time they did. Nothing is stopping them from having another referendum to leave the EU (like the UK did). And if the sentiment of the people show they do they, they will.
If you go on about the will of the people, then having another referendum makes more sense. 2 years ago was a long time, and peoples opinion changes. That referendum 2 years ago was given as a NON-BINDING referendum, to see what people thought about and if they should actually look at is a valid option. People said yes. So now we've looked at it, we've seen what deals we can get and we know a bit more of what is involved (and the people managing it). So now would be a good idea to have a binding referendum on which deal, or even to remain. This would be the will of the people.
It's like buying house, you make an offer first and then you get a survey. If the survey says something is bad that you missed, would you still buy the house at the same price?
If we have another referendum and people think the deals suck we would rather remain, that is literally the will of the people. If really feels like the argument to not have another vote is that you're afraid it might go the other way (since it was so close anyway). But you shouldn't be. If we have another vote and we remain, the brexit people can continue the discussion and convince us that it would be better over time. Then when we have enough national support, have another referendum. You're meant to keep having referendum to judge peoples intent. For something as major as leaving the EU we shouldn't be rushing it and jumping the gun with no plan in place. We can stay, make our plans, present these plans to the people, get them to see it's the right move. Not jump in and saying 50% of people want to leave so we must leave, that creates a big wedge down the country of leave vs remain and no one gets along.
A big change should come around slowly. This isn't a revolution.
If she went and dissolved parliament now, during the Brexit negotiations everyone would rightly say she is interfering with democratic process.
This gives rise to the concept of the King or Queen in Parliament. That is to say absolute authority resides with the Monarch but is delegated to his/her parliament. Parliament then generates legislation to which the Sovereign assents. The Royal Assent has not happened in person since 1854.
If it doesn't satisfy most Leave voters, I'd just tell them that we can have another referendum in a generation's time to decide whether to stay where we are, leave the SM&CU, or rejoin the EU, if there's any demand for one then.
You don't know anything about Northern Ireland I see.
EU countries that have issues with independence movements (e.g. Spain w.r.t Catalonia) will not let automatic re-join, because the "You will be out of EU if you secede" is one of the arguments used for saying that secession is a bad move.
Imagine a hard border on Scotland.
Don't think the monarchy would approve of that much.
Meanwhile, everyone has forgotten the UK's land border with Spain at Gibraltar...
The EU single market is a definitional concept, it exists by definition. Not all goods and services are in the single market, but the scope gradually increases over time. Necessarily, as the scope increases, the need for harmonization increases, and that's what often leads to accusations of loss of sovereignty.
As somoene who grew up in the UK with the IRA blowing up bits of the country, some rather close to me, I disagree. It's likely that the communities that would be split by a new border in Ireland would disagree too.
The EU is negotiating in it's best interests, as is the UK. There aren't going to be any favours traded on either side.
The UK is leaving the EU, borders are implicit in that, and bi-directional. You don't get to leave the EU and not leave the EU.
Can you cite the Poland/Russia thing? I searched but couldn't find anything. edit You referenced https://en.wikipedia.org/wiki/Poland%E2%80%93Russia_border in another post.
> Because Kaliningrad Oblast is small, homogeneous and an exclave within the European Union
That's not the same as the NI situation.
Regardless, the EU is negotiating in it's best interests, as anyone could predict it would. If I were French or German or whatever I'd want to get the best deal possible in the negotiations. No-one is going to give us any favours here, everything we want we've got to make happen ourselves. If the EU is using the Irish border as a bargaining position then that's what they should be doing, in the best interests of the citizens remaining in the EU.
The only reason they voted for Brexit was because they think it means they can get rid of all the migrants, they tell me this quite regularly.
One of them moved here from Bahrain, though apparently this means their family were ex-pats, not migrants. The other is from a long line of Christian overseas missionaries.
If they thought for a second that Brexit would mean leaving the border with Northern Ireland wide open, they would be screaming blue murder.
It wouldn't really be a 'new' border though; NI and Eire had border controls from 1922 to 1998, so well into the EEC-EU era. I often had to show my passport on the coach from Belfast to Dublin. My grandparents remembered having to declare NI bacon on the train crossing at Carlingford.
With over 200 border crossing points it wasn't 100% enforced, though.
No, I meant "new" as in, "it wasn't there last year" :) I'm old enough to remember the border, and "the troubles" too.
I also believe the removal of the border was a large factor in the cessation of hostilities, and the reason it's such a hot topic now.
> With over 200 border crossing points it wasn't 100% enforced, though.
My uncle used to have a house (he described it as such, to call it a shack would have been generous) in the south of France close to the Spanish border. Before freedom of movement they used to just walk into Spain as and when they pleased.
Check the "Border area" section. I see no reason why something similar couldn't be implemented for Northern Ireland.
That's not the same situation as NI.
- https://en.wikipedia.org/wiki/Poland%E2%80%93Russia_border
- https://en.wikipedia.org/wiki/Enclave_and_exclave
- https://en.wikipedia.org/wiki/Local_border_traffic
NI is not an exclave. There may at some point be a "local traffic" agreement with between NI and The Republic of Ireland, but that is something that needs to be negotiated.
That this negotiation hasn't finished yet is because the relationship that the UK will have with the EU is still rather up in the air. The EU wants a border so it can maintain import duties with external countries, exclude dangerous items and people, and maintain compliance with things like food standards (think lowering of food standards to make a US trade deal possible). The UK wants a border so we (well, not me, the people who voted for this ill-conceived shitshow) can keep immigrants out, and also to collect customs tariffs, block etc. etc. etc.
The requirements that each negotiating position has, as well as the general desire to not trigger a recurrence of "the troubles" are really hard to solve. There are literal opposing requirements that somehow need to work together.
If you take that, and the fact that the UK needs the EU way more than the EU needs the UK (the "UK holds all the cards" blithering of the tea with vicar dancing round the maypole cricket on the green little englanders aside), then you realise that the EU doesn't really need to do anything. It's not going to "throw us a bone" on this, it's going to use it as a negotiating position, and the UK will eventually either give some ground on another issue (freedom of movement perhaps), or we won't and there will be a border.
You have to remember that this is what people voted for. If they didn't vote for this then perhaps they should have listened to "experts" more, and maybe people should be questioning the ability of politicians to so clearly lie through their teeth to get the thing that they want (eg. Boris Johnson: a conservative party leadership bid, "350 million per week" etc.)
The really really simple solution is for the UK to have full regulatory compliance with the EU, something like the Norway model, but all of the "models" have significant disadvantages, such as "pay with no say" as the Norway model is sometimes described. We could of course stay in the EU, that's actually been offered. We wouldn't have a border in NI, we would have access to relationships with other countries via the over 750 treaties that the EU has, but that it seems isn't something we want enough apparently.
edit
Just out of interest, what are your ideas as to how this should work?
Or Scotland making a bid to join the EU.
https://www.bloomberg.com/graphics/2018-pick-your-own-brexit...
United Ireland on the other hand has gone from impossible to maybe.
https://www.change.org/p/the-48-of-people-with-brains-who-vo...
https://www.theguardian.com/commentisfree/2013/dec/01/scotla...
Sure, but this is somewhere in probability behind "UK destroyed by asteroid impact".
> Scotland making a bid to join the EU
There are persistent rumours that people on the UK side are trying to avoid having any kind of double-no-border situation that would work for NI be also applicable for Scotland. Because during the referendum all sorts of claims about the need for a hard border were made, often by the same people who claim there doesn't now need to be a hard border in Ireland.
> Sure, but this is somewhere in probability behind "UK destroyed by asteroid impact".
Maybe, but Ireland also leaving the EU would be a good and not entirely unpopular solution.
Where and for whom?
Or Arthur rising and reinstating Camelot in England's hour of need.
Or Nessie being discovered, then rampaging south to destroy London in a Gozilla inspired attack, wiping out the entirety of the Square Mile.
Or the entire human population suddenly realising that the borders were only in their heads all along and finally living together in peace and harmony.
I mean someone must have plan. You've been complaining about the EU for (checks notes) decades. Didn't you use any of that time to come up a plan?
Want to call me a remoaner or other insults? That's fine, but maybe post your plan first and then call me a remoaner?
and all of the appeals to the authority of the EU's rules and regulations and why that makes it "impossible" ?
what hogwash. we all played by the same rules which were agreed upon beforehand and now the economically well off (and isolated) minority seek to invalidate the vote.
I think if the 'vote' is taken away from those who voted for Brexit then they'll do you one better and choose to ignore more fundamental aspects of our "social agreement", namely ones involving physical safety.