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Brexit: a challenge for the UK constitution, of the UK constitution?

Abstract

The United Kingdom 2016 referendum on membership of the European Union – challenges of pursuing the decision to withdraw – challenges for the UK constitution in commencing, executing, concluding, and legitimising EU withdrawal – domestic constitutional requirements for triggering Article 50 TEU – roles of UK government, UK Parliament, and devolved institutions in Brexit – a second referendum or a national general election on withdrawal terms – exiting the EU as a challenge of the UK’s political constitution – Brexit as exposing limitations of the UK’s current constitutional arrangements and architecture – Brexit as an unprecedented event and the centrality of politics – constitutional factors contributing to the outcome of the referendum – concerns about sovereignty and the (im)possibility of a national response – potential implications of the referendum for the UK and for the EU

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Liverpool Law School, University of Liverpool. I am very grateful to the editors for comments on the initial text of this paper.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

A. Forster , Euroscepticism in Contemporary British Politics: Opposition to Europe in the British Conservative and Labour Parties since 1945 (Routledge 2002)

M. Flinders and A. Kelso , ‘Mind the Gap: Political Analysis, Public Expectations and the Parliamentary Decline Thesis’, 13 British Journal of Politics and International Relations (2011) p. 249

M. Russell and P. Cowley , ‘The Policy Power of the Westminster Parliament: The “Parliamentary State” and the Empirical Evidence’, 29 Governance (2016) p. 121

M. Gordon , ‘The UK’s Fundamental Constitutional Principle: Why the UK Parliament Is Still Sovereign and Why It Still Matters’, 26 King’s Law Journal (2015) p. 229

G. Smith , Democratic Innovations: Designing Institutions for Citizen Participation (Cambridge University Press, 2009)

M.E. Warren and H. Pearse (eds.), Designing Deliberative Democracy: The British Columbia Citizens’ Assembly (Cambridge University Press, 2008)

J.A.G. Griffith , ‘The Political Constitution’, 42 Modern Law Review (1979) p. 1

R.D. Kelemen , Eurolegalism: The Transformation of Law and Regulation in the European Union (Harvard University Press 2011)

K. Jaklic , Constitutional Pluralism in the EU (Oxford University Press 2014)

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European Constitutional Law Review
  • ISSN: 1574-0196
  • EISSN: 1744-5515
  • URL: /core/journals/european-constitutional-law-review
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