Stanford, B The Restraint, Reassertion and Realities of Parliamentary Sovereignty: Reassessing the United Kingdom’s Post-Brexit Constitutional Identity. In: Guinchard, E and Panara, C, (eds.) The New Relationship between the UK and the EU. Springer. (Accepted)

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Abstract

The uncodified and unentrenched Constitution of the United Kingdom, formed and influenced by widely accepted principles such as the rule of law, separation of powers, democracy and human rights, is famed for the additional principle of parliamentary sovereignty. This renders the Constitution particularly unique, inherently flexible and a complex legal-political hybrid construction. Whilst providing some advantages, it also renders the UK’s Constitution susceptible to uncertainty which can be even more exposed at times of constitutional and political upheaval. Brexit has undoubtedly been such a watershed moment, not least of all with the 2016 Referendum, the landmark constitutional cases that followed, and the negotiation and implementation of the formal withdrawal agreements, all placing the UK’s constitutional values in the spotlight. The UK’s past, present and future relationship with the European Union raises uncertainty over the UK’s constitutional and political system more generally, and whether we will begin to see a shift in constitutional values. Such is the significance of Brexit and its aftermath, it is argued that a reassessment of the UK’s constitutional identity is necessary. This chapter seeks to first outline and assess the meaning of constitutional identity, with a particular focus on the unique role of parliamentary sovereignty in the UK whilst a member of the EU. The chapter then moves on to consider the principle of parliamentary sovereignty in the immediate aftermath of Brexit. Finally, the chapter considers current trends and likely future developments concerning shifting values and the UK’s constitutional identity.

Item Type:	Book Section
Subjects:	K Law > K Law (General)
Divisions:	Law
Publisher:	Springer
SWORD Depositor:	A Symplectic
Date Deposited:	16 Jan 2024 16:41
Last Modified:	16 Jan 2024 16:41
Editors:	Guinchard, E and Panara, C
URI:	https://researchonline.ljmu.ac.uk/id/eprint/22288

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