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The United Kingdom: National Sovereignty and Nationhood in a Post-Brexit World Professor John F

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The United Kingdom: National Sovereignty and Nationhood in a Post-Brexit World Professor John F The United Kingdom: National Sovereignty and Nationhood in a Post-Brexit World Professor John F. McEldowney The paper traces the evolution of the United Kingdom from the 17th century to its imperial ascendancy in the nineteenth century and the growth of Empire. The English nation-state defined the constitutional architecture of the United Kingdom, partly, in attempts to assimilate Celtic nationalities, the Scots and Welsh as well as the Irish. Differences were reconciled through a single juristic concept of sovereignty driven by English dominance. Interconnected with the constitutional architecture, were religious and cultural affiliations, including property rights, that were overpowering. Underlying the success of an all-embracing doctrine of sovereignty, the British Empire managed to export its ideals of nationhood throughout the common law world. The English language and culture, as well as forms of government, law and administration were common features of English imperialism as well as imagination. A single Imperial sovereignty linked to development and nation building applied throughout the world. It did not endure. The loss of Empire and the creation of a Commonwealth consisting of ex-colonial nations, signalled an adaptation of imperial nationhood into a democratic and self- governing form, that helped reinforce UK sovereignty, while granting autonomy to the colonies. The UK’s membership of the European Union and the decision to leave has questioned the extent to which the nation- state can be reborn in a traditional form that is a return to the imperial power of the past. This is a new phase in national sovereignty. The paper highlights the dangers of a return to a form of English nationalistic aspiration that may endanger the rule of law and diversity in society on the pretext of building a nation-state when the reality is more complex. Introduction The paper begins by tracing the origins of the English nation, the growth of the United Kingdom in the seventeenth century and the pursuit of Empire. This reveals an emerging English nationalism, defined through national identity and immigration policy that is increasingly “hostile” to outsiders. Brexit and its consequences are considered, as part of a reflection on the future of the United Kingdom after Brexit. Uncertainty over relations between the United Kingdom and the European Union abounds, with domestic party politics struggling to adapt to change, as ancient institutions, struggle to cope with ongoing divisions over the European Union This leaves a bitterly divided nation, fragmented party politics and no certainty that compromises will be found to unify the country. The origins of the English nation It is hard to be precise as to when the English nation began, but as A.L. Poole in his magisterial work on the Oxford History of England series suggested: The hundred and thirty years which separate Domesday Book and Magna Carta witness the growth of a nation. [1] One surprising suggestion is from the historian Robert Tombs, that Pope Gregory the Great, around 580, copied the idea from “Procopius (c 500-565), who described the people of ‘Brittia’ as the ‘Angiloi’, Pope Gregory noticed that many fair-haired slaves were for sale and was told they were ‘Angles’”.[2] Tombs has traced the historical records for more clues as to a “true” English identity and finding evidence of early Christianity in England. The venerable Bede, a monk from Northamptonshire, in his Ecclesiastical History of the English People, written around 731, defined a distinctive Christian identity of the English people. Their special status of conversion to Christianity came from the time of 597 and Augustine’s arrival in Kent; it also brought the King and several thousand supporters into baptismal unity with the Church. St Augustine founded a Cathedral around 598 and an adjoining King’s School, thus establishing a public school that is one of the oldest institutions of the nation. The Church owned about a quarter of all of the cultivated land, at this time, giving it great economic power and influence, especially in the missionaries sent to Europe, with particular success in northern Germany. It is less clear that the origins and ethnicity of the English were any more distinctive than any other European nation. The intermingling between Celtic tribes, Roman occupation and an Anglo-Saxon identity are often conflicted by differing accounts – some myth, and some more reliably based on historical records and artefacts. - 1 - Historical archaeology has become more reliable as technology such as carbon dating has improved. As with many nations, defined by the external world of trade, war and conquest, assimilation and a diaspora of settlements that contain many common elements, it is more likely that archaeological evidence, rather than historical claims of uniqueness or superiority, provides the best evidence of nationhood.[3] Whatever the truth about the “Angles”, it is clear that in the post Roman period, two main versions of the Celtic language were spoken, and it is from these that the “modern Celtic languages of Britain and Ireland were spoken”.[4] It is equally clear that while there were many differences between Britain and Gaul in pre-Roman times, these were perhaps “more of a degree than of kind”.[5] Defining the distinctive parts of nationhood is not only to do with culture and society; agriculture, towns and villages,[6] but law, also, has a specific and influential role to play. The Middle Ages[7] tells us about how law was conceived but the retention of the monarchy and the failure to establish a system of government beyond the Crown after Cromwell, the restoration of the Monarchy in 1660, left Britain with a distinctive form of constitutional continuity that, uniquely, among long-established nations, remains in place today. Underpinning this development is sovereignty. The philosopher, Thomas Hobbes (1588-1679) encapsulated the essence of sovereignty “a body of men whose commands are laws”, as defining the nation. It may be questioned why nation-states were formed in the first place and, out of their formation, why nationalism emerged as an integral part of their conception.[8] Nation-states facilitated trade and commerce, created a common identity and allowed cultural development as well as a common language, religion and aspirations. Art and architecture helped contribute to the sense of common belonging and a national consciousness. Education and training as well as sport helped forge the bonds of identity and common causes.[9] Legal structures are also formative of a nation-state, and are fundamental to law and political science. The most distinctive part of the United Kingdom is the common law tradition of judge-made law, rather than the continental model of written codified law under a Constitution.[10] A nation-state claims legitimacy for its status as well as powers and responsibilities for its activities. This is often bound together in a collective doctrine of self-determination.[11] The doctrine of self-determination is a normative principle that allows states to determine their own affairs. The birth of many older states occurred at a time when the nation-state was at its height. Consequently, strong traditions of independence and authority were bound up with the ideas of statehood. The creation of new boundaries for new states had to be asserted through identity and recognition of their legal status. This self-consciousness, recognising the state’s existence, is combined with self-determination and the right to negotiate the constitutional arrangements of the state itself. At the heart of the construction of the state lies the doctrine of legal sovereignty. Legal scholars often discuss sovereignty in preference to the state. Indeed, the United Kingdom claims a number of personifications of what it meant to be the state or nation. The Crown is often used[12] as the prerogative powers of the Executive to make Treaties, as well as the statement that it is Her Majesty’s Government or official opposition. This extends to her Majesty’s Judges and the Queen in Parliament, as strictly speaking the UK does not have a rigid separation of powers doctrine. Despite this symbolic unity, tensions have arisen between state sovereignty and the capacity of a state to be self-governing and act independently when subject to global forces including alignment such as NATO and global trade, defence, with influence from the World Trade Organisation, the North American Free Trade Area (NAFTA) and the European Union. The latter is the main focus of this paper in the context of Brexit. There are concerns that the state may lack the capacity to make decisions and may eventually lose its own autonomy. Responses vary to the problems of globalised forms of sovereignty. Technically it may be possible to withdraw from international agreements; this is often more complex than it may seem. It might be possible to recognise that sovereignty is no longer indivisible but may be shared and jointly held. There are reactions to these developments such as locating sovereignty[13] in a form of unitary populism that seeks to unite popular forces as a form of demos. In the case of the United Kingdom, the seventeenth century is the appropriate starting point in tracing the evolution of the United Kingdom, as it is from this period that the state is composed of England, Wales, and Ireland.[14] The starting point is the nation-state, as this is an appropriate and fundamental concept that is recognised in both political science and law. Exact definitions are hard to find. A nation is the “people” or demos that underpins democracy. In some countries, sovereignty rests with the people, for example this is the case in Japan under the 1947 Japanese Constitution. In others authority is to be found in Parliament, such as in the United Kingdom.
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