For many people, Brexit is about taking back ‘control’; about determining for ‘ourselves’ what the law is, how it applies, how we spend our money, and how we develop our policies. The fact that many people both before the referendum and now struggle to identify with accuracy an area of law or policy in which the EU has ‘taken’ control (and not had competence ceded or shared through a Treaty change ratified by the UK) is irrelevant; what matters is the perception of a lack of national autonomy, and an associated corrosion of domestic democratic control.
Deep within at least parts of the arguments that circulate around Brexit is a form of new sovereigntism that is deeply worrying to the rule of law. The UK is hardly alone in this phenomenon; as far back as 2000 Peter Spiro wrote about the emergence of new sovereigntism in the United States; about a group of scholars and intellectuals who were not opposed to international law per se, but who thought that the US should be able to engage with it as and when it wanted to. In other words, these scholars promoted an a la carte approach to international law, underpinned by a “brand of anti-internationalism [that] runs deep in the American political tradition”. Continue reading The new sovereigntism: what it means for human rights law in the UK