United Kingdom and Gibraltar European Union membership referendum
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SPIEGEL ONLINE: Mr. Dannemann, Brits are traditionally proud that they do not need a central constitutional document such as the Basic Law or the US Constitution because convention and tradition regulate much. Is it now on Brexit's feet that such a document is missing?
Gerhard Dannemann : The legal situation would certainly be clearer if one had codified a constitution. Among other things, it would have been possible to put some of the privileges of the Queen, which in fact is exercised by the Prime Minister, on a better legal basis. There was already a discussion about whether to codify the constitution, but there has never been found a majority for. Brexit has reinforced this discussion once again.
SPIEGEL ONLINE : The prerogatives of the Queen, which in fact are exercised by the Prime Minister: They allude to the prorogation and the thrust of Boris Johnson.
Dannemann : Exactly. The prorogation is based on monarchical, feudal ideas: the king or queen could dismiss the parliament or send on vacation. This has never been changed for the leave; it is only the entire political power that used to be the Queen that has in fact passed to the Prime Minister as "Advisor to the Queen." Today, there is a very strong political convention that the Queen follows the Prime Minister's advice.
SPIEGEL ONLINE: Johnson's opponents have announced legal action against the decision or already initiated. How promising are these?
Dannemann : Since Johnson has the better cards. This power to send the Parliament on vacation, which can hardly be denied. The only question is: is there any abuse of this power and can the courts check that? I do not want to say that this is hopeless. There are many clever lawyers in the UK, and of course one could argue that the parliamentary control function is eliminated.
SPIEGEL ONLINE: What would the legal system look like and what role would the Supreme Court, the Supreme Court, play?
Dannemann : It would end up at the Supreme Court. We see complaints in Northern Ireland, Scotland and England. It can not be ruled out that the decisions will be uneven. One will have to reckon with the fact that it goes to the Supreme Court and that this will have to decide relatively soon.
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SPIEGEL ONLINE : The opponents of Premier Johnson now speak of a constitutional crisis or they warn against it. What does this mean in the British context: a constitutional crisis?
Dannemann: The word constitution has a different meaning than in Germany. If something is unconstitutional in Germany, then it is also unlawful. In the UK, it may well be that something is lawful - for example, the prorogation - but violates the Constitution. Because the constitution is a very political one. Legal control mechanisms, such as those in Germany, are largely replaced by political mechanisms. Someone who does things politically unconstitutional may be punished at the next election. This is something the courts can only control to some extent; otherwise it is largely left to the political game of the forces.
SPIEGEL ONLINE : Is Britain in a constitutional crisis?
Dannemann : Yes, Britain is in a constitutional crisis. At the moment, we are seeing a power struggle between Prime Minister and Parliament of a magnitude where you have to think back for a long time, until you find something comparable.
In the video: "There will be plenty of time to discuss Brexit"
LUDOVIC MARIN / AFP
SPIEGEL ONLINE: In the course of Brexit certain democratic deficits become visible. So the approximately 160,000 members of the Conservative Party in late July elected the new Prime Minister, a fraction of the total population.
Dannemann : Yes - and just under 100,000 of them voted for Johnson. This is another remnant, a development of the earlier feudal law, where the monarchs were able to pick out the Prime Minister at will. There is still no election of the head of government by Parliament, as in Germany. That usually does not matter so much because the one who is currently in government usually has a majority.
SPIEGEL ONLINE: In the current situation, it makes a big difference.
Dannemann : Yes. For one, because the Tories anyway have no own majority, but only together with the Northern Irish DUP a nominal majority of one vote. This was probably not viable when assuming office, because Boris Johnson was not at all Tories consensus. If he had yet to be elected by Parliament, he would either not have become Head of Government or he would have had to compromise on his Brexit plans.
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SPIEGEL ONLINE : To what extent has Johnson by the Prorogation politicized the role of the Queen, which is traditionally neutral and keeps out of the political?
Dannemann : The accuse him of his opponents that he has instrumentalized the Queen in a political debate day. That's a valid argument, but it's not mandatory. You can also see it differently and say: that's just the tradition; former monarchical privileges are now exercised by the Prime Minister.
Victoria Jones / Pool via AP
Boris Johnson and the Queen
SPIEGEL ONLINE : A scenario in which the Queen could find herself at the center of the political debate is that of a vote of no confidence against Johnson. How is this constellation regulated?
Dannemann : Partly by convention, partly by law through the Fixed-term Parliaments Act, which the coalition government of Tories and Liberal Democrats decided in 2011. After that, the opposition leader - in this case Jeremy Corbyn - can bring a vote of no confidence. Then, if the majority does not trust the Prime Minister, there is a 14-day deadline for the House to determine if there is a majority for someone else.
SPIEGEL ONLINE : Which scenarios are conceivable then?
Dannemann : If there is no majority, the incumbent Prime Minister has to call new elections, but has some discretion when that happens. And that would use Boris Johnson, that's after the 31st of October. The opponents chance is to equip someone else with a majority. If the Queen is told that someone else has a majority, she would dismiss Boris Johnson and appoint that person Prime Minister. I have no doubt about that.