Did the UK Vote to Join the Common Market?

The question of whether the UK voted to join the Common Market or European Community (EC) is often misconstrued in public discourse. This article aims to clarify the historical context of the UK's involvement in European integration and debunk some of the prevailing myths surrounding referendums and membership.

UK's Membership and Historical Context

The UK has a complex historical relationship with the European Communities, which later evolved into the European Union (EU). In 1973, the UK joined the EC without a referendum, and in 1975, as the EEC, the UK held a referendum which resulted in a majority to remain. Importantly, the UK did not vote to join the Common Market in 1972, as the Common Market refers to a precursor to the EC.

Myths Debunked

No Referendum for Common Market

Firstly, it is widely believed that the UK held a referendum to join the Common Market in 1972. This is incorrect. The UK joined the EC in 1973 without a vote, and the 1975 referendum was specifically about continuing membership of the EC, not joining the Common Market. The Common Market was actually dissolved in 1972 to become the EC.

The 1975 Referendum and Its Legality

The 1975 referendum was legally binding and represented a significant moment in UK democratic history. However, it was still advisory in terms of legal consequences. The outcome was not legally binding, but the then Labour government honored it as a mandate to stay in the EC. The campaign was indeed biased, but the outcome was a clear majority in favor of remaining.

2016 Referendum and Its Controversial History

In 2016, the UK held a much more contentious and polarizing referendum to leave the EU, known as the Brexit referendum. This referendum was legally advisory and the outcome, while reflecting popular opinion, was not legally binding. The Leave campaign was accused of spreading misinformation, which raises questions about the integrity of the referendums.

Parliament and the government faced intense pressure from the UK Independence Party (UKIP) to hold another referendum, which they eventually did. Although the 2016 referendum had a biased campaign, it was proportionally less so than the 1975 referendum. Since then, attempts to overturn the leave vote have been met with excuses and deceit from those who question the legitimacy of the democratic process.

The British Referendum System and Parliament

The British system of representative democracy with its unique doctrine of 'Parliamentary Sovereignty' is indeed challenging when it comes to referendums. The British ruling class, historically, has been hesitant to allow the ordinary people a direct say in how the country is run. The 2016 referendum, while legal, was fraught with issues related to the rules of the vote and the legitimacy of the lies propagated during the campaign.

The Role of the Judiciary and John Major's Decisions

John Major, a former UK Prime Minister, admitted that warning the public about the extent of the powers he was transferring to a foreign organization would have been politically detrimental. In 1993, the UK ceded substantial powers to the EC without informing the public fully. This decision was justified by the legal standpoint of judges, who ruled that matters of law were their domain, and constitutional matters were for politicians.

It is also worth noting that the judiciary has shown a double standard when it comes to the referendums and the powers given to the EU. The recent legal action against the proroguing of Parliament referenced a different legal point, as there was no specific law on proroguing. This indicates a shift in the judiciary's perspective to support the EU's influence.

Conclusion

The UK's journey through the European Communities and the European Union is laden with complexities and controversies. The myths surrounding referendums and membership need to be addressed to gain a better understanding of the UK's historical relationship with the European Union. It is crucial for informed public discourse to recognize the historical context and legal realities of these events.

Keywords: UK referendum, European Community, EU membership