Constitutional monarchy in the UK as a populist mediator: the case of Brexit

Conference paper


Jones, M. 2023. Constitutional monarchy in the UK as a populist mediator: the case of Brexit. 2023 South Eastern Association of Law Schools Annual Conference. Boca Raton, Florida, USA 23 - 29 Jul 2023
TypeConference paper
TitleConstitutional monarchy in the UK as a populist mediator: the case of Brexit
AuthorsJones, M.
Abstract

The rise of populist parties and -figures usually indicate deepening polarisation among the citizens of a country, and indeed the outcome of the Brexit referendum signalled such a situation in the UK as well. In an increasingly polarized society, it could well be argued that this gap cannot be bridged by law alone, nor by politics, nor by a combination of the two. Something more is needed, a unifying factor that transcends politics, class, religion, financial status, all the things that divide people in a country. Perhaps the reason why the UK has not torn itself apart over Brexit can be attributed, at least partly, to the fact that it does indeed possess such a unifying factor in the form of an institution that has existed continuously in the country for more than a thousand years and which still plays an active albeit quietly constitutional role: the British Monarchy. This paper explores this thesis by briefly recapping what populism means and why it is seen as a problem for democracy before more closely examining Brexit as a case study of the tensions around sovereignty. It finishes by examining the role the British Monarch played before, during and after the Brexit process, and asks whether a constitutional Monarchy may be a mediating influence in a modern pluralist democracy such as the UK.

KeywordsBrexit; Populism; Parliamentary sovereignty; British Monarchy; Constitutional Law
Sustainable Development Goals16 Peace, justice and strong institutions
Middlesex University ThemeCreativity, Culture & Enterprise
Conference2023 South Eastern Association of Law Schools Annual Conference
Publication process dates
Completed27 Jul 2023
Deposited15 Mar 2024
Draft pre-submission version
License
All rights reserved
File Access Level
Open
Copyright Statement

Mariette Jones reserves all copyright.

Additional information

This paper was delivered for the SEALS Global Outreach Committee session entitled "Democracy Worldwide in the Face of Populism", moderated by Prof Patrick Hugg, Loyola University, New Orleans.
Scholars from several countries discussed current issues presented as numerous national and supranational courts face criticisms of politicization and challenges to their authority. Topics included: challenges to the primacy of national constitutions, challenges to the effectiveness of European Union law and other intergovernmental norms; the rule of law commitments and politicization of courts in Europe, Brazil and in the U.S.

LanguageEnglish
Permalink -

https://repository.mdx.ac.uk/item/9xqv6

Restricted files

Draft pre-submission version

  • 54
    total views
  • 2
    total downloads
  • 2
    views this month
  • 1
    downloads this month

Export as

Related outputs

The right to freedom of thought in South Africa
Jones, M. 2025. The right to freedom of thought in South Africa. in: O’Callaghan, P. and Shiner, B. (ed.) The Cambridge Handbook on The Right to Freedom of Thought Cambridge, UK Cambridge University Press.
Regulation of online speech in the UK
Jones, M. 2024. Regulation of online speech in the UK. University of the Pacific Law Review. 55 (2), pp. 261-276.
Defamation and the right to freedom of speech: the UK in comparative perspective
Jones, M. 2024. Defamation and the right to freedom of speech: the UK in comparative perspective. London and New York Routledge.
Freedom of thought in South Africa: undoing Apartheid’s attempt at thought control
Jones, M. 2022. Freedom of thought in South Africa: undoing Apartheid’s attempt at thought control. The Right to Freedom of Thought: An Online Symposium. Online symposium 23 - 23 Nov 2022
Censorship by algorithm: the UK Online Safety Bill and corporate censorship of free speech
Jones, M. 2022. Censorship by algorithm: the UK Online Safety Bill and corporate censorship of free speech. 7th Academic Days on Open Government and Digital Challenges. Paris, France 08 - 09 Nov 2022
Defamation, the right to freedom of expression and libel reform in the UK: A comparative analysis of legal regulation and jurisprudence in the UK, the United States of America, Germany, and the European Court of Human Rights
Jones, M. 2020. Defamation, the right to freedom of expression and libel reform in the UK: A comparative analysis of legal regulation and jurisprudence in the UK, the United States of America, Germany, and the European Court of Human Rights. PhD thesis Middlesex University School of Law
The Defamation Act 2013: a free speech retrospective
Jones, M. 2019. The Defamation Act 2013: a free speech retrospective. Communications law. 24 (3), pp. 117-131.
Reports of the death of the libel writ have been greatly exaggerated: reviewing the UK Defamation Act 2013
Jones, M. 2019. Reports of the death of the libel writ have been greatly exaggerated: reviewing the UK Defamation Act 2013. Twelfth Annual Free Speech Discussion Forum. Pázmány Péter Catholic University, Budapest 03 - 04 Jun 2019
Privilege, power, and the perversion of privacy protection
Jones, M. 2019. Privilege, power, and the perversion of privacy protection. in: Weaver, R., Reichel, J. and Friedland, S. (ed.) Comparative Perspectives on Privacy in an Internet Era Durham, North Carolina Carolina Academic Press.
Is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights?
Jones, M. 2017. Is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights? in: Weaver, R., Friedland, S., Gilles, W. and Bouhadana, I. (ed.) Privacy in a Digital Age: Perspectives from Two Continents Durham, North Carolina Carolina Academic Press.
Double-lock or double-bind? The Investigatory Powers Bill and freedom of expression in the United Kingdom
Jones, M. 2017. Double-lock or double-bind? The Investigatory Powers Bill and freedom of expression in the United Kingdom. in: Weaver, R., Friedland, S., Raynouard, A. and Fairgrieve, D. (ed.) Cybersurveillance in a Post-Snowden World: Balancing the Fight Against Terrorism Against Fundamental Rights Durham, North Carolina Carolina Academic Press.
EU law relating to online infringement of personality rights – is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights?
Jones, M. 2015. EU law relating to online infringement of personality rights – is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights? Third International Privacy Discussion Forum, Universite de Paris, Sorbonne 1. Paris, France 29 - 30 Jun 2015 pp. 1-27
An introduction to South African banking and credit law
Jones, M. and Schoeman, H. 2006. An introduction to South African banking and credit law. Durban LexisNexis Butterworths.
Close corporations
Jones, M. 2004. Close corporations. in: Fouche, M. (ed.) Legal principles of contracts and commercial law Durban LexisNexis Butterworths. pp. 327-334
Blueprints: tort law
Jones, M. 2014. Blueprints: tort law. Edinburgh Pearson.
A critical evaluation of the perceived conflict between globalized trade and the protection of the environment with specific reference to the dispute resolution mechanism of the World Trade Organisation
Jones, M. 2005. A critical evaluation of the perceived conflict between globalized trade and the protection of the environment with specific reference to the dispute resolution mechanism of the World Trade Organisation. Masters thesis University of South Africa Law
The South African constitution and electronic commerce
Jones, M. and Schoeman, H. 2004. The South African constitution and electronic commerce. ISSA 2004 Information Security South Africa 3rd Annual Conference. Sandton, South Africa Aug 2004
The state, the universities and liberal legal education: students’ views from England, South Africa and Mauritius
Jones, M. and Spencer, M. 2013. The state, the universities and liberal legal education: students’ views from England, South Africa and Mauritius. Society of Legal Scholars Annual Conference. Edinburgh, Scotland 03 - 06 Sep 2013
The enforceability of environmental rights as human rights: a tale of two countries.
Jones, M. 2009. The enforceability of environmental rights as human rights: a tale of two countries. Society of Legal Scholars Centenary Conference. Keele, UK Jul 2009
The prospects for corporate governance operating as a vehicle for social change in South Africa
Miles, L. and Jones, M. 2009. The prospects for corporate governance operating as a vehicle for social change in South Africa. Deakin law review. 14 (1), pp. 53-77.