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Constitutional Reform and Brexit


ISBN13: 9781032016160
Published: June 2023
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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This book examines the extent to which Brexit has impacted upon the operation of the British constitution, prompting in turn consideration of how some of the factors which contributed towards the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates to have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which is to be found in part two. Part two centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.

Subjects:
Constitutional and Administrative Law, Brexit
Contents:
Acknowledgments
List of abbreviations
Table of cases
Table of legislation
Table of treaties and conventions

Introduction
Chapter One: The British Constitution and Constitutional Reform
Introduction
The UK’s Constitutional Model
Parliamentary Sovereignty
Constitutional Sources
Distinguishing features of the British Constitution
Constitutional Reform Debates Pre-1997
The Early Twentieth Century
The Later Twentieth Century
The Era of Constitutional Reform, 1997-2016
Constitutional Reform under New Labour, 1997-2010
Constitutional Reform in the Coalition and Conservative Eras, 2010-16
Conclusion
Chapter Two: The UK within Europe and Developments in the Land of Brexit
Introduction
The UK within Europe
The UK as an EEC Member, 1973-1993
The UK as an EU Member, 1993-2016
The Referendum
The Key Issues During the Referendum Campaign
The Causes of Brexit
The Brexit Process: The UK’s Withdrawal from the European Union
Triggering Article 50: June 2016-March 2017
The Brexit Negotiations, March 2017-March 2019
The First Extensions, March 2019-June 2019
The ‘Implementation’ of Brexit: July 2019-January 2020
Postscript: Brexit after Brexit
Unpicking the constitutional issues
Conclusion
Chapter Three: The Allocation of Sovereignty Authority between Parliament, the Executive and the ‘People’ in Constitutional Decision-Making Processes
Introduction
The traditional constitutional position
Challenges and changes up to 2016
The emergence of the referendum
The shifting parameters of Parliamentary Sovereignty
The Brexit context
The 2016 Referendum
Who is Sovereign: Parliament, People or Executive?
Next Steps
Challenges of the referendum to be addressed
The need for clear parameters for the use of constitutional referendums
Enhancing the legitimacy of Parliamentary Sovereignty through wider constitutional reforms
Conclusion
Chapter Four: The Constitutional Integrity of the United Kingdom and the Devolution of Power
Introduction
The traditional constitutional position
Challenges and changes up to 2016
The emergence of devolution for the UK’s constituent parts
Scottish devolution: Enhanced autonomy and the push for independence
Welsh devolution: From administrative to legislative autonomy
Northern Ireland and the complexities of the peace process
The English Question: Regionalism, Localism and EVEL
Asymmetrical devolution and the semi-federal UK
The Brexit context
The reinforcement of difference and division
The unique status of Northern Ireland
The Limitations of the Sewel Convention: The Role of the Devolved Institutions in Brexit
Repatriating power and controversies over the Internal Market Act 2020
Next Steps
The size and shape of the post-Brexit UK
Setting out a Post-Brexit Territorial Settlement
The Northern Ireland Protocol and the Irish Border Issue
Conclusion
Chapter Five: The UK’s Model for the Protection of Human Rights
Introduction
The traditional constitutional position
Challenges and changes up to 2016
The Human Rights Act 1998
The EU Impact and the Charter of Fundamental Rights
The Brexit context
The loss of EU protections
The Cessation of Application of the Charter of Fundamental Rights
ECHR Membership and the Human Rights Act
Next Steps
The Independent Human Rights Act Review and Proposals for a "Modern Bill of Rights"
Weakening the UK’s Relationship with the ECHR
Reforming or replacing the HRA model
The scope of rights protected by a reformed HRA or bill of rights
Human Rights and Devolution
Conclusion
Chapter Six: A Codified Constitution ? The UK’s Constitutional Model Post-Brexit
Introduction
The traditional constitutional position
Challenges and changes up to 2016
The Brexit context
Next Steps
Consolidation of constitutional statutes
Codification of non-statutory constitutional norms
The creation of a codified constitutional model
Key issues to be resolved in the process of creating a new constitution
Conclusion

Conclusion
Bibliography
Index

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