Patrick J. Birkinshaw – författare

The United Kingdom has been a member of the European Union for forty three years. Although EU membership has brought numerous indisputable benefits, anti-EU sentiment, simmering for decades, has now reached the point where an upcoming referendum could quite possibly lead to exit from the Union - an enormously topical issue dubbed ''Brexit''.

This very timely book addresses the major concerns and uncertainties associated with this looming prospect. Outstanding scholars of British constitutional law and EU law discuss such factors as the impact of EU membership on the UK constitution and the perspectives of the UK''s constituent regions, along with numerous practical issues of economics and administration. Specific topics covered include:

- the EU and the sovereignty debate;- the impact of Brexit in the devolved United Kingdom;- options available to the UK;- residence rights post-Brexit;- debates over the structure of the referendum;- existing and potential role of jurisprudence (domestic and EU);- environmental law;- negotiating treaties;- judicial protection;- Opt-outs;- EU criminal law;- labour rights;- equal protection;- human rights under the Charter of Fundamental Rights; and- financial and economic governance.

With Brexit becoming the largest single issue to affect the United Kingdom''s place in the world, this volume is certain to be widely read and referenced in the time before, during, and after the referendum. It will also remain of great value as social, political, and economic events unfold in the post-referendum United Kingdom.

The United Kingdom has been a member of the European Union for forty three years. Although EU membership has brought numerous indisputable benefits, anti-EU sentiment, simmering for decades, has now reached the point where an upcoming referendum could quite possibly lead to exit from the Union - an enormously topical issue dubbed ''Brexit''.

This very timely book addresses the major concerns and uncertainties associated with this looming prospect. Outstanding scholars of British constitutional law and EU law discuss such factors as the impact of EU membership on the UK constitution and the perspectives of the UK''s constituent regions, along with numerous practical issues of economics and administration. Specific topics covered include:

- the EU and the sovereignty debate;- the impact of Brexit in the devolved United Kingdom;- options available to the UK;- residence rights post-Brexit;- debates over the structure of the referendum;- existing and potential role of jurisprudence (domestic and EU);- environmental law;- negotiating treaties;- judicial protection;- Opt-outs;- EU criminal law;- labour rights;- equal protection;- human rights under the Charter of Fundamental Rights; and- financial and economic governance.

With Brexit becoming the largest single issue to affect the United Kingdom''s place in the world, this volume is certain to be widely read and referenced in the time before, during, and after the referendum. It will also remain of great value as social, political, and economic events unfold in the post-referendum United Kingdom.

If Brexit comes to pass, what changes in the United Kingdom legal system will the world face when dealing with the UK? The contributors to this penetrating new collection of studies – a worthy successor to the widely read pre-referendum Britain Alone! – bring a prodigious level of expert scrutiny to the myriad of rami?cations of this hugely complex subject. This book gathers together experts from different ?elds of legal practice and academia, not only to discuss the ongoing negotiations but also – and most valuably – to highlight and address the legal implications of possible scenarios and solutions for a post-Brexit United Kingdom and European Union.

With topical chapters based on the Brexit Seminar Series held by the Centre of European Law at King''s College London, the contributors address the challenges, options, opportunities, and possibilities that the Brexit process may engender in such areas as the following:

– constitutional and administrative law;– the European Economic Area and the European Free Trade Association;– EU State aid;– the Irish border;– the fall-back position of the WTO rules should no agreement be achieved;– banking law, ?nancial services, and capital markets;– debt restructuring and insolvency practice;– environmental issues;– private international law;– tax;– citizenship;– social security; and– residence rights, especially considering women and children.

Due to the unprecedented event that Brexit represents, there is an insatiable need for knowledge and technical detail as to its possible legal implications. This book, in its thorough analysis of the ongoing Brexit process and its technical understanding of the meaning of Brexit for several substantive areas of law, offers a solidly grounded and revealing exploration of the future that is particularly enlightening in explaining the challenges that the UK legal order is facing as a consequence of Brexit.

Brexit: The Legal Implications brings to notice the challenges, options, opportunities and possibilities that Brexit may bring in the legal areas. If Brexit comes to pass, what changes in the United Kingdom (UK) legal system will the world face when dealing with the UK? The contributors to this penetrating new collection of studies – a worthy successor to the widely read pre-referendum Britain Alone! – bring a prodigious level of expert scrutiny to the myriad of ramifications of this hugely complex subject. This book gathers together experts from different fields of legal practice and academia not only to discuss the ongoing negotiations but also – and most valuably – to highlight and address the legal implications of possible scenarios and solutions for a post-Brexit UK and European Union.

What’s in this book:

With topical chapters based on the Brexit Seminar Series held by the Centre of European Law at King’s College, the contributors examine the likely effects of the Brexit process in such areas as the following:

constitutional and administrative law; the European Economic Area and the European Free Trade Association; EU State aid; the Irish border; the fall-back position of the WTO rules should no agreement be achieved; banking law, financial services and capital markets; debt restructuring and insolvency practice; environmental issues; private international law; tax; citizenship; social security; and residence rights, especially considering women and children.

How this will help you:

Due to the unprecedented event that Brexit represents, there is an insatiable need for knowledge and technical detail as to its possible legal implications. This book establishes the required literature in this regard and thereby helps the readers in comprehending what lies ahead. In its thorough analysis of the ongoing Brexit process and the technical understanding of the meaning of Brexit for several substantive areas of law, this book offers a solidly grounded and revealing exploration of the future that is particularly enlightening in explaining the challenges that the UK legal order is facing as a consequence of Brexit.

 

 

The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit.

The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit:

constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal.

Detailed analyses of major cases and legal provisions are featured throughout the book.

Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.