How Brexit Will Happen: A Brief Primer on EU Law and Constitutional Law Questions Raised by Brexit

TY - JOUR

T1 - How Brexit Will Happen

T2 - A Brief Primer on EU Law and Constitutional Law Questions Raised by Brexit

AU - Hestermeyer, Holger Paul

PY - 2016

Y1 - 2016

N2 - In a referendum held in the UK on 23 June 2016, 51.9% of the participating electorate voted to leave the European Union. The number of legal questions raised by the referendum are breathtaking. This article tackles two of them: it discusses questions of UK constitutional law involved in deciding to leave the Union, namely the role of referenda, sovereignty of Parliament, the scope of the royal prerogative and devolution, as well as the basic EU law rules concerning the withdrawal process as contained in Art. 50 of the TEU. The latter involves issues such as the start of the negotiations, their content, length, how they will be conducted and whether the UK can conclude trade agreements during the Art. 50 negotiations process.

AB - In a referendum held in the UK on 23 June 2016, 51.9% of the participating electorate voted to leave the European Union. The number of legal questions raised by the referendum are breathtaking. This article tackles two of them: it discusses questions of UK constitutional law involved in deciding to leave the Union, namely the role of referenda, sovereignty of Parliament, the scope of the royal prerogative and devolution, as well as the basic EU law rules concerning the withdrawal process as contained in Art. 50 of the TEU. The latter involves issues such as the start of the negotiations, their content, length, how they will be conducted and whether the UK can conclude trade agreements during the Art. 50 negotiations process.

KW - Brexit

KW - royal prerogative

KW - EU law

KW - referendum

KW - sovereignty of Parliament

M3 - Article

SN - 0255-8106

VL - 33

SP - 429

EP - 450

JO - JOURNAL OF INTERNATIONAL ARBITRATION

JF - JOURNAL OF INTERNATIONAL ARBITRATION

IS - 4

ER -