On Brexit
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On Brexit

Law, Justices and Injustices

Edited by Tawhida Ahmed and Elaine Fahey

Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.
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Chapter 3: The legal professions responsibility for Brexit

Damjan Kukovec

Abstract

This chapter argues that Brexit is a collective failure of the legal profession. The existing legal narrative of the European Union implies that power relationships reflect the division of institutional and sovereign competences. This misrepresentation was passed onto the general public who framed their personal frustration in this conventional narrative and demanded ‘taking back control’. The vote for Brexit resulted from a combination of four key features of this narrative – the ethos of interdependence, the promise of inclusion of the other, the claim of people’s political incapacity and the policymaking in terms of the extent of national sovereignty. This framework does not offer an explanation of the United Kingdom’s true position in the Union and in the world as well as gives false hope to those belittled and excluded. This chapter suggest an alternative account of the Union and calls for a new research agenda needed for the future of Europe - inquiring into the role of lawyers in the deconstruction of the European Union.

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