The constitutional implications of Brexit

Abstract:

This article investigates the constitutional implications of Brexit, focusing on the extent to which Brexit challenges the classification of the UK constitution as a self-correcting unitary democracy, upholding parliamentary sovereignty. It argues that Brexit removes some of the European layer from the UK’s emerging multi-layered constitution, but in doing so it threatens to undermine the delicate relationship between England, Scotland, Wales and Northern Ireland on which the Union is based, particularly in the light of recent political events. In addition, it argues that Brexit may not restore the sovereignty of the Westminster Parliament and may also mark a further moment in the constitutionalization of the UK, modifying the balance of power between Parliament and the courts by placing more decision-making power in the hands of the courts.