Law, Justices and Injustices
Edited by Tawhida Ahmed and Elaine Fahey
Chapter 15: Brexit, freedom, and justice: the difficulties of political constitutionalism with the supranational/global
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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