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 15: Brexit, freedom, and justice: the difficulties of political constitutionalism with the supranational/global

Samo Bardutzky


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.

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