Admission Price: Free to attend but please register here
Speaker: Dr Michael Gordon
Implementing the UK's exit from the European Union represents a near unprecedented constitutional challenge. We have already dealt with difficult questions associated with commencing Brexit, primarily through the Miller litigation, but also the ongoing political manoeuvring as the various institutional actors seek to engage with the 2016 referendum result. We are starting to get a sense of the challenge of executing Brexit, most obviously in the spectre of the Great Repeal Bill, and the quickly mounting Select Committee reports mapping the potential shape of a post-EU UK. And we can glimpse the likely issues associated with concluding the Brexit process, far away though they may seem at present: the prospect of a further referendum, or a parliamentary vote on the terms of the final deal.
How we confront these many and varied challenges raises interesting and important questions of constitutionalism. The distinction between legal and political constitutionalism may be controversial, but understood appropriately - as marking a difference in emphasis between the conditioning of public power through law or politics, rather than the (impossible) exclusion of either - it can be a useful organising tool for understanding what lies ahead. This is important in two ways, and this paper will try to reflect on both: first, the way in which the challenges of Brexit might (most effectively?) be tackled, and, second, what we might learn about the changing shape and nature of the UK constitution along the way. For if Brexit is indeed a constitutional challenge of the first order, it is right that we ask both substantive questions about what the future constitutional relationship between the UK and EU may ultimately be, in addition to questions about what the UK constitution which will accommodate that relationship may come to look like.
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When and where
6.00pm - 8.00pmThursday 9th February 2017
CLS Research Events