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 13: The constitutional implications of Brexit for Northern Ireland

Luke McDonagh

Abstract

The ongoing Brexit process has profound consequences for Northern Ireland within the constitution of the United Kingdom of Great Britain and Northern Ireland. Given the overriding importance of the Irish border to the Brexit negotiations, this chapter examines the historical and constitutional circumstances that led to partition of Ireland in the first place. It goes on to consider the injustices prevalent within Northern Ireland prior to and during the ‘Troubles’ era, and the resolution of these issues of justice/injustice, via constitutional means, with the Good Friday/Belfast Agreement of 1998. Finally, it considers how the Brexit process has reopened apparently settled questions on the constitutional status of Northern Ireland within the UK, such as the viability of the post-1998 power-sharing institutions and the issue of whether a referendum on reunification with a united Ireland should be called.

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