Taking back control? Democracy and UK trade policy after Brexit

Abstract During the Brexit referendum the Leave campaign claimed that the UK would be able to regain its sovereignty and ‘take back control’. Trade policy became a particular focus of the Conservative Government’s post-Brexit vision and underpinned the arguments in favour of leaving the customs union. This article evaluates the evolution of trade policymaking in the UK, from the Brexit referendum in 2016 until the Conservative defeat in the general election of 2024, and its consequences for democracy. It utilises two key insights from the framework of new constitutionalism to reveal the democratic deficiencies of the UK’s post-Brexit trade policy. In doing so, it argues that the governance of UK trade policymaking has failed to advance both parliamentary scrutiny and the scope for meaningful input from a range of stakeholders. In addition, the content of the new trade deals signed by the Conservative Government have further eroded democratic control, by undermining the prospects for a regulatory approach that can address the socio-economic and environmental challenges faced by the UK.