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 4: The constitutional architecture of injustice

Paul O’Connell

Abstract

One of the many issues that the Brexit conjuncture raises is how does the Brexit vote and the broader processes around it intersect with and relate to justice. This chapter argues that the Brexit vote can be viewed as a reaction against forms of structural injustice which the EU systematically produces, and which it has enshrined into its core constitutional architecture. In short, the argument sketched here is that the actually existing EU, notwithstanding the highest ideals that animate many of its supporters, provides a constitutional framework which reproduces and legitimates stark injustices between and within the member states of the EU. That the Brexit vote was, in part, a rejection of this constitutional settlement, and in principle the Brexit rupture opens up space to pursue more expansive projects of justice in the UK and across Europe.

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