Shortly after the EU referendum, someone asked me why the EU referendum was made to allow such an enormous change from a simple majority. After all, many countries have either supermajority threshold for referenda, or requirements that a majority be attained in a majority of regions or states. The answer, of course, is that
- The point of this referendum was to settle a conflict between two wings of the Conservative party. This was not an election, but a sporting contest — though sooner or later, in Britain, everything turns into a sporting contest — and it would have been completely unacceptable if both sides did not feel they had a reasonable chance of winning.
- There wasn’t any threshold at all. As many have pointed out, this wasn’t a referendum in the normal sense of the word. It was an opinion poll. The relevant law, the European Union Referendum Act 2015, orders only that the question be asked, and describes eligibility for voting. It says nothing about how the result is to be interpreted or enforced. (The most intricate part of the law seems to concern the question of which hereditary aristocrats are eligible to vote.)
There is nothing inevitable about concluding that the UK should withdraw from the EU because 52% voted that way in the referendum. Most democracies would not make it so easy for one group of citizens to deprive another group of citizens of cherished rights — particularly when the groups really are clearly defined social groups, whether age groups or semi-autonomous component nations (Scotland and Northern Ireland).
In principle, there’s a good argument that the government is constitutionally obliged to get clear authorisation from Parliament before pulling the Article 50 trigger. And if they do that, the MPs could reasonably point to the national divisions, or just the lack of an overwhelming majority, as justification for avoiding such wrenching change.
They won’t, though. Because it’s a sport, and nothing is more important to the British than appearing to be “good sports”. They call this “democracy”, and there have been any number of articles from left-wing Remain supporters, arguing that a commitment to democracy requires that they get behind the Brexit project now. The people have spoken, and any other response is an elitist insistence that you know better than the unwashed masses.
Where does that leave us, the foreigners? I am reminded of the work of David Blight and other historians on the “Lost Cause” historiography of the US Civil War. Americans of the North and the South decided to come together in a spirit of reconciliation, requiring that the Northerners agree to look past points of dispute, like the civil rights of African Americans. They — that is, the white people — pretty much all agreed that this was the charitable and democratic thing to do. Similarly, Britons are divided by economic and class differences, but they can all come together in agreement that the real problem is the foreigners. This is something I noticed when I first arrived here.
Things aren’t so bad in Oxford — though we all know people who have at least been menaced in public in the last couple of weeks for speaking a foreign language — and those of us with good professional jobs have a fairly easy out, if we want it, by acquiring UK citizenship. At least, that gets us to the other side of the rope line in terms of formal legal harassment. Elsewhere foreigners have to be thinking imminently about being driven out of places where they have resided for decades, and where they mistakenly thought they were at home.