Why the Brexit debate might mark the end of Britain’s unwritten constitution

Antje Wiener (PhD Carl) ist Professorin für Politikwissenschaft, insbesondere Global Governance an der Universität Hamburg und Gründungsherausgeberin der Zeitschrift Global Constitutionalism: Human Rights, Democracy, Rule of Law (Cambridge). Sie ist seit 2011 Mitglied der britischen Academy of the Social Sciences. Gegenwärtig ist sie Visiting Fellow Lauterpacht Centre for International Law an der Universität Cambridge.

As Article 50 TEU details: “Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”. Given the precedence of the situation not only in the United Kingdom but Europe-wide, the interpretation of what exactly such constitutional guidance entails, matters crucially. An acceptable solution to the procedural issues of the Brexit process would benefit from constitutional guidance. The tense debate about whether or not Parliament should have a vote, and at which time (i.e. before or after triggering the Article 50 procedure), that is currently present in all British media and social media shows that, if anything, such guidance is lacking, as the constitutional framework leaves considerable margins for interpretation.

The author argues that the case brought before the High Court on the 13th of October 2016 by ordinary citizens longing for judicial review on whether or not Parliament should be enabled to exercise their right to vote has created a window of opportunity for politics and law. (…)

To be continued under the following link:

All data and information provided in this paper were gathered and written by Prof.  Antje Wiener and we do not wish to re-post its content as our own. However, we feel the urge to share its content as we estimate its importance. 

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