Brexit, Parliament and the Constitution

A programme of research and commentary on the principles of democracy in the UK constitution, parliament's influence over Brexit, and the implications of these developments for parliamentary reform.

Order The Parliamentary Battle over Brexit

This project was funded through the Director of the Constitution Unit, Meg Russell's, Senior Fellowship with the ESRC-funded UK in a Changing Europe programme, which ran for three years, from June 2019 to May 2022. She was one of nine such Senior Fellows focused on a variety of Brexit-related fields.

Professor Russell's Fellowship focused on the broad topic of 'Brexit, Parliament and the Constitution'. Within this, the project focused on three main topics: 

• The relationship and tensions between principles of direct and representative democracy in the UK constitution.
• The extent and shape of parliament’s influence over the Brexit process.
• What the Brexit process has told us about the need for possible future parliamentary reforms.

This work built on various previous projects conducted by Professor Russell, including the Independent Commission on Referendums, her work on the policy impact of the Westminster parliament, and multiple projects on parliamentary reform, including the project on parliament’s control of its own agenda that helped lay the groundwork for the 2009 recommendations by the 'Wright committee'.

The Fellowship comprised two main elements. The first was to work alongside the UKICE team to facilitate events and up-to-date commentary. The second was to carry out and publish detailed research. As such, outputs from the Fellowship included blogposts, podcasts and media appearances, as well as academic journal articles and detailed reports. This culminated in the publication of The Parliamentary Battle over Brexit by Meg Russell and Lisa James in March 2023. Selected examples of each can be found below.

Publications

• The Parliamentary Battle over Brexit by Meg Russell and Lisa James, published by Oxford University Press in March 2023.
• Parliamentary Influence on Brexit Legislation, 2017-19, by Thomas Fleming and Lisa James, published in Parliamentary Affairs in June 2022. This article analyses parliament's influence on the Brexit legislation of 2017-19.
• Chapters by Meg Russell, on 'Government-Parliament Relations', and Lisa James, on 'Public Appointments', in UK in a Changing Europe's March 2022 report 'Constitution and Governance in the UK'.
• Taking Back Control: Why the House of Commons Should Govern its Own Time - published in January 2021. This report by Meg Russell and Dr Daniel Gover, an Honorary Research Fellow at the Constitution Unit, addresses why MPs lack control of their own institution, the problems this causes, and what should be done. This report was published in collaboration with UK in a Changing Europe. 
• A chapter on parliament by Meg Russell, in UK in a Changing Europe's January 2021 report 'Brexit and Beyond'.
• A chapter on legislation, by Meg Russell and Lisa James, in UK in a Changing Europe's September 2020 report 'What Would No Deal Mean?'
• Brexit and Parliament: The Anatomy of a Perfect Storm - published, free to access, in Parliamentary Affairs in June 2020. In this article, Meg Russell charts the stages of parliament’s Brexit ‘perfect storm’, tracing its causes to four factors: the design of the referendum, a period of (unfamiliar) minority government, deeply divided political parties, and the weakness of parliamentary rules in facilitating a solution. In the end, the Brexit argument was primarily one inside the Conservative Party, but parliament got the blame.

• Parliament and Brexit

  Parliament and Brexit
   - published jointly with UK in a Changing Europe and the University of Leicester in March 2020. This report analyses parliament’s role in the Brexit process to date, and asks what changes may be needed to ensure that parliament is ready for phase two of the negotiations and beyond. It includes chapters authored by Meg Russell and Lisa James.  
• A chapter on parliament by Meg Russell in UK in a Changing Europe's February 2020 report 'Brexit: what next?'.
• The Mechanics of a Further Referendum on Brexit Revisited: Questions for the New Parliament - published in December 2019. This report examines the scenarios under which a further referendum on Brexit might take place - depending on the outcome of the 2019 general election, unknown at the time of publication - and the key questions its designers would face

Blog posts

All Meg Russell's blog posts can be found on the Constitution Unit blog, with many also available on the UK in a Changing Europe website. Selected posts include:

• 'Boris Johnson and the myth of "getting Brexit done"', by Meg Russell, 6 September 2022.
• 'Boris Johnson's constitutional legacy', by Lisa James, 4 September 2022.
• 'The Queen's speech, the Johnson government and the constitution - lessons from the 2021-22 session', by Lisa James, 19 May 2022.
• 'Partygate illustrates the fundamental constitutional responsibility of government MPs', by Meg Russell, 14 April 2022.
• 'The House of Lords amendment to the Dissolution and Calling of Parliament Bill returns appropriate power to MPs: they should accept it', by Tom Fleming and Meg Russell, 9 March 2022.
• 'The Owen Paterson standards row reflects worrying broader trends in our politics', by Meg Russell, 8 November 2021.
• Two September 2021 posts on the Fixed-term Parliaments Act 2011, its role in Brexit, and its proposed repeal: 'The Fixed-term Parliaments Act did not cause the Brexit impasse', and 'The Dissolution and Calling of Parliament Bill: why the House of Commons should retain control over dissolution', both by Meg Russell.
• 'Five ways to improve referendums after Brexit', by Meg Russell and Alan Renwick, 24 June 2021.
• 'FTPA Joint Committee lays down marker for the future', by Robert Hazell and Meg Russell, 12 April 2021.
• 'Boris Johnson and parliament: misunderstandings and structural weaknesses', by Meg Russell, 5 February 2021.
• 'Taking back control: why the House of Commons should govern its own time', by Meg Russell and Daniel Gover, 19 January 2021. 
• 'The hybrid House of Commons: the problems of government control' by Daniel Gover and Lisa James, 17 January 2021.
• 'MPs are right. Parliament has been sidelined' by Meg Russell and Lisa James, 28 September 2020.
• 'Will the Lords block the UK Internal Market Bill?', by Meg Russell, 13 September 2020.
• 'Boris Johnson and parliament: an unhappy tale in 13 acts', by Meg Russell, 1 September 2020.
• 'Brexit and parliament: where did it all go wrong?', by Meg Russell, 14 June 2020.
• 'Proposals for a 'virtual parliament': how should parliamentary procedure and practices adapt during the coronavirus pandemic', by Meg Russell and Ruth Fox, Director of the Hansard Society, 14 April 2020.
• 'Has parliament just got boring? Five conclusions from the passage of the EU (Withdrawal Agreement) Act', by Lisa James and Meg Russell, 30 January 2020.
• 'Why a rhetoric of "parliament versus people" is both dishonest and dangerous', by Meg Russell, 5 November 2019.
• 'Parliament, spin and the accurate reporting of Brexit', by Lisa James and Meg Russell, 24 October 2019.
• 'Which MPs are responsible for failing to "get Brexit done"?', by Meg Russell, 2 October 2019.

Media

• A letter from Meg Russell to Prospect on standards and trust in democracy, on 9 February 2022.
• An article by Meg Russell in Prospect on 9 November 2021: 'The “cash for peerages” scandal shows we urgently need better democratic protections'.
• An article by Meg Russell in the Financial Times on 24 April 2021: 'UK Government must loosen its grip on parliamentary process'.
• A letter to the Times on 21 April 2021, summarising a briefing to all MPs, signed by Meg Russell and experts from the Hansard Society, Public Law Project and Bingham Centre for the Rule of Law. The letter and briefing warn that parliamentary accountability and control over decisions have diminished to a degree that would have been unthinkable before COVID-19.
• An article by Meg Russell in The Times Red Box on 19 January 2021, arguing that 'It's Time for MPs to Take Back Control of the Commons', and introducing our report on the topic (see the publications section above).
• An appearance on the BBC Radio 4 Analysis programme on 12 October 2020, discussing the government's relationship with its backbenchers.
• A letter to editor of the Times on 8 June, signed by Meg Russell and a group of other democracy specialists, arguing that the ending of the hybrid House of Commons breached fundamental democratic principles. Available in the Times or in an expanded version as an open letter to Leader of the House of Commons Jacob Rees-Mogg on our blog.
• Meg Russell's appearance on BBC Radio 4's World at One on 14 October 2019, discussing the Queen's Speech.
• Appearance on a special edition of BBC Radio 4's The Briefing Room on the UK constitution after the Supreme Court ruling, on 26 September 2019.
• An article in the Guardian on 6 September 2019, about the strains recent Brexit events had put on parliament and the constitution.
• A widely-shared interview on BBC Radio 4's World at One Programme on 28 August 2019, discussing the recently-announced prorogation.
• A detailed interview with Meg Russell on the BBC Radio 4 PM Programme on 9 August 2019 discussing what MPs could do to block a 'no deal' Brexit.

Podcasts

• Meg Russell's appearance on the New Statesman's Westminster Reimagined podcast on 27 April 2022, on the topic 'Is democracy slowly collapsing in Westminster?'.
• Meg Russell's appearance on the Oxford University Efficient Secrets podcast on 10 March 2022, discussing democratic backsliding.
• Meg Russell's appearance on UK in a Changing Europe's Brexit and Beyond podcast, on 28 January 2022, discussing political leadership and trust in politicians.
• Meg Russell's appearance on the Channel 4 podcast, The Fourcast, on 6 July 2021, discussing Lords reform.
• Meg Russell's appearance on the UCL Uncovering Politics podcast, on 25 March 2021, discussing forms of democracy.
• Meg Russell's appearance on the 'Never Mind the Bar Charts' podcast, on 28 January 2021, discussing 'How to Make Parliament Work Better'.
• Meg Russell's appearance on the UCL Uncovering Politics podcast, on 8 October 2020, discussing democratic checks and balances.
• Meg Russell's appearance on UK in a Changing Europe's Brexit Breakdown podcast, on 16 January 2020.
• Meg Russell's appearance on the National Constitution Center's We The People podcast on 31 October 2019, discussing the question 'Is Brexit a British Constitutional Crisis?'
• Appearances by Meg Russell on UK in a Changing Europe's Brexit Breakdown podcast, on 18 September and 27 September 2019.
• Meg Russell's appearance on the Prospect podcast, on 14 August 2019, discussing a possible vote of no confidence and 'unity' government.

Conferences and events

• On 7 June 2022, Meg Russell spoke at a UK in a Changing Europe event on 'The future of parliamentary treaty scrutiny'.
• On 29 March 2022, Meg Russell spoke at a UK in a Changing Europe conference on 'Constitution and Governance in the UK', as part of a panel discussing 'Can - and should - parliament take back control from the executive?'.
• On 10 March 2022, Meg Russell spoke at an Institute for Government/Bennett Institute for Public Policy event on 'The Failure of "Good Chaps": Are Norms and Conventions Still Working in the UK Constitution?'.
• On 20 January 2022, Meg Russell spoke at a Keele World Affairs Council event on the topic of 'Lords Reform'.
• On 13 January 2022, Meg Russell chaired a Constitution Unit event titled 'What Can Be Done About the House of Lords?'.
• On 1 December 2021, Meg Russell chaired a Constitution Unit event titled 'Riding the Populist Wave: The UK Conservatives and the Constitution'.
• On 12 November 2021, Meg Russell chaired a Constitution Unit event on 'Improving Standards of Conduct in Public Life'.
• On 21 October 2021, Meg Russell spoke at a Mishcon de Reya event on the 'Expansion of Executive Power'.
• On 20 October 2021, Meg Russell appeared on a Cambridge Law Faculty panel, discussing 'Who's in charge of the Westminster Parliament?'. A short talk produced before the event is also available.
• On 17 and 18 June 2021, the Constitution Unit, the Department of Politics & International Relations at the University of Oxford and UK in a Changing Europe (UKICE) jointly organised a conference on 'Johnson's Constitutional Reform Agenda', bringing together academics and practitioners to discuss the government's progress to date, and what might lie ahead. Video and audio of all the conference sessions, including sessions at which Meg Russell spoke, or which she chaired.
• On 16 June 2021, Meg Russell spoke at a joint Political Studies Association and UK Parliament Education and Engagement Service event on the topic 'House of Lords: Scrutiny...and reform?'
• On 19 May 2021, Meg Russell appeared on a UK in a Changing Europe panel, discussing the topic 'Can the Constitution Hold?'.
• On 29 April 2021, Meg Russell chaired a Constitution Unit event on 'Regulating Public Appointments'.
• On 15 March 2021, Meg Russell appeared on a panel for the Aspen Institute, discussing 'The Future of the House of Lords'.
• On 21 January 2021, Meg Russell appeared on a UK in a Changing Europe panel, discussing the topic of 'Boris Johnson and Parliament'.
• Meg Russell chaired a Constitution Unit/UCL Political Science discussion on Populism and the Rise of Authoritarianism, on 3 December 2020, with Anne Applebaum, Nadia Urbinati and Rory Stewart.
• On 24 November 2020, Meg Russell appeared on a panel for the Mile End Institute, alongside Baroness Grey-Thompson and Lord Norton of Louth, discussing the topic of 'Reforming the House of Lords'. The full video can be found here: Meg's talk begins at 44:08.
• On 18 November 2020, Meg Russell appeared on the final panel of the 2020 Oxford Putney debates, 'Parliamentary Sovereignty in Perspective', with Meg's remarks starting at 08:17.
• Meg Russell appeared on a panel for the PSA Parliaments Annual Conference, on 11 November 2020, discussing the impact of COVID-19 on parliaments.
• The Unit partnered with UK in a Changing Europe to hold a conference on 10 March 2020 on the topic of Parliament and Brexit - including a panel on parliament's place in the constitution which featured Meg Russell.
• A panel discussion of Brexit, Parliament and the Constitution at UCL's It's All Academic Festival on 5 October 2019.
• A conference held on 15 July 2019 on 'Brexit and the Constitution', in which Meg Russell spoke on a panel alongside Lisa Nandy, Gisela Stuart and Philip Norton, with Lewis Goodall as chair.

Select committee and similar appearances

• Invited oral evidence to the Scottish Parliament Standards, Procedures and Public Appointments Committee on 21 April 2022 on the Coronavirus pandemic and parliaments. A transcript is available here.
• Invited oral evidence to the House of Commons Public Administration and Constitutional Affairs Committee on 6 October 2020 on the prospects for the government's proposed Commission on the Constitution, Democracy and Human Rights, summarised here.
• Invited oral evidence to the House of Commons Procedure Committee on 8 July 2020, on Commons procedure during the pandemic. Our summary, including links to the full evidence session and other relevant resources, is here.
• Invited oral evidence to the House of Lords Constitution Committee on 24 June 2020, on parliament's workings during the coronavirus pandemic. Find our summary, including a link to the full evidence session, here.
• Meg Russell's expert evidence to a committee of the Parliamentary Assembly of the Council of Europe on 29 May 2020, on how parliaments have been affected by the COVID-19 pandemic, summarised here.
• Meg Russell's evidence to the Public Administration and Constitutional Affairs Committee on prorogation and the Supreme Court judgment on 8 October 2019.
• Evidence to the House of Commons Exiting the European Union Committee on prospects for a further Brexit referendum on 24 July 2019.

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Project information

This project was led by Professor Meg Russell, with Lisa James as Research Assistant. It was funded by the Economic and Social Research Council’s UK in a Changing Europe initiative and lasted between June 2019 to May 2022.