The aim of the chapter is to show, first, that the fact that the United Kingdom is at the time of writing this text in the process of exiting the European Union (‘Brexit’) can be ascribed to political constitutionalism as the dominant political and constitutional doctrine in the United Kingdom. Second, my intention is to critique the ability of political constitutionalism to accommodate projects such as the European Union, using Brexit as the example. While the chapter juxtaposes legal to political constitutionalism in order to show the difficulties political constitutionalism faces in contact with the supranational/global, it does not purport to claim superiority of either doctrine in general. In order to resolve the dilemma on freedom and autonomy of the political subject, the article discusses the ostensible tension between freedom and justice, thus joining the discussion on Brexit, justices and injustices.
Edited by Samo Bardutzky and Elaine Fahey
Samo Bardutzky and Elaine Fahey
This edited volume explores how we frame the subjects and objects of contemporary European Union (EU) law. The inquiry as to the subjects and objects of Public International Law (PIL) is one long dismissed as fruitless (e.g. Higgins, 1994). Nevertheless, it is a more revealing inquiry in EU law, which has explicitly sought to differentiate itself as a new legal order of PIL with a distinctive framing of its subjects and objects. As the EU’s internal and external competences have evolved, significant changes surround the subjects and objects of contemporary EU law. It may increasingly capture a broader range of actors and interests, intentionally or otherwise. The subjects and objects of EU regulatory frameworks thus raise fundamental issues as to the rule of law as well as to the EU’s legitimacy in the wider world. While there may be hundreds of years of work across disciplines on the self as subject, the object as an entity often appears a neglected field of inquiry. The EU treaties and EU law jurisprudence alike reveal a quantifiable panoply of interests, actors, objects and subjects, scattered across them. The collaborative research effort presented in this volume is linked to three primary motifs or considerations in how we frame the subjects and objects of EU law: transformations, the external-internal nexus and crises as to EU law. It confronts the question: how should we understand the dialectic between the subjects and objects in contemporary EU law? Can the objects of EU law so readily become its subjects? What are the normative parameters of the shift from subject to object and object to subject? How are new narratives understood within this dialectic? Keywords: EU law, jurisprudence, EU integration, Transformations, Crises, CJEU, EU international relations, public international law, subjects, objects