LA387-15 Legal Issues of Brexit
Introductory description
Brexit has profound legal and political consequences over a wide area – constitutional/institutional, trade, environment, migration, employment and social policy, banking and financial services regulation.
Module aims
To equip students with sound knowledge to understand the legal, constitutional and political issues posed by Brexit, and to evaluate contemporary developments in this fast-moving field as they unfold.
To equip students with research and analytical skills in this crucial legal field, and to develop presentation and discussion skills in the later weeks of term.
Brexit has profound legal and political consequences over a wide area – constitutional/institutional, trade, environment, migration, employment and social policy, banking and financial services regulation. The issue is one of high salience to the legal academy, to any and all future practicing lawyers whatever their anticipated field of interest, and an important issue for anyone graduating with a law degree to have the opportunity to reflect on in a structured way.
The module is specifically designed to ‘catch the moment’ and to enable students to be critically engaging with recent and contemporary events as they unfold – literature is beginning to emerge but is admittedly at an early stage. There is much still to emerge about the manner in which Brexit will happen and its long and short term legal and political consequences – the module is specifically intended to embrace and engage with this ongoing debate. Hence an individually selected researched essay as the selected assessment method.
Outline syllabus
This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.
The syllabus will initially introduce key constitutional and institutional themes.
The past – how did Brexit come about? A critical look at the political background, what motivated the Government to call the referendum, and why did the result turn out as it did?
The present – how is Brexit being negotiated? What are the options open to the UK in the process of negotiating exit, and how are the talks with the EU managed? A key point will be a critical examination of the Miller case – who is to be responsible for ‘triggering’ Article 50, Parliament or the Executive, and how have the courts handled the litigation. Is Article 50 irreversible?
The future – what future possible arrangements might emerge? What arrangements will be put in place? What are the possibilities and what might be the implications of each of them? Implications for the future of the UK Constitution (for example on devolution/Scottish independence and parliamentary/executive powers following the Miller case) as well as the future of the EU itself will be addressed.
Then module leaders and other colleagues from the department will then be invited speak on specialist substantive themes – this selection of ‘invited’ speakers to give a range of perspectives is a deliberate and pedagogically essential part of the module design. It is anticipated that the exact selection of topics may vary from year to year depending on colleagues availability and indeed on how the Brexit negotiations proceed over the next few years, highlighting particular issues as the emerge.
Examples might include impact on areas such as -
Financial Services Regulation
Environment
Social policy and employment law
Free Movement
Refugee law and policy
Internal trade/single market
External trade
Human Rights protection
This will then form the basis for the students, in weeks 7 to 10, to participate actively in designing and delivering the learning in the module in that each student will be asked to present their chosen essay topic to the class for discussion.
Learning outcomes
By the end of the module, students should be able to:
- Students will understand and critically evaluate the political and legal context in which the decision for the UK to leave the EU came about.
- Students will understand and critically evaluate the possible future impact on the UK and the EU, both general constitutional and institutional issues, and in selected sectors.
- Students will develop research skills enabling them to understand and respond to the uncertain future legal and political developments that will be involved in Brexit as it unfolds.
- Students will develop discussion and communication skills enabling them to present succinctly and engage in informed discussion of topics related to Brexit and its legal consequences.
Indicative reading list
Reading lists can be found in Talis
Subject specific skills
No subject specific skills defined for this module.
Transferable skills
No transferable skills defined for this module.
Study time
| Type | Required |
|---|---|
| Lectures | 18 sessions of 1 hour (12%) |
| Seminars | 7 sessions of 1 hour (5%) |
| Private study | 125 hours (83%) |
| Total | 150 hours |
Private study description
No private study requirements defined for this module.
Costs
No further costs have been identified for this module.
You must pass all assessment components to pass the module.
Students can register for this module without taking any assessment.
Assessment group A1
| Weighting | Study time | Eligible for self-certification | |
|---|---|---|---|
Assessment component |
|||
| 4000 word essay | 100% | Yes (extension) | |
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Students are expected to chose a topic that interests them and present their findings in an essay. |
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Reassessment component is the same |
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Feedback on assessment
An important element of this module will be student led discussions in the second half of the term, each focused on their assessed research essay topic (topics individually selected by students).
Formative feedback will first be provided by discussion – by peers and tutors – following the student presentations in weeks 7-10.
Final summative feedback on the essays will be provided via Tabula.
Pre-requisites
To take this module, you must have passed:
Courses
This module is Optional for:
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ULAA-M300 Undergraduate Law
- Year 2 of M300 Law
- Year 3 of M300 Law
-
ULAA-M105 Undergraduate Law (3 year) (Qualifying Degree)
- Year 2 of M105 Law (3 year) (Qualifying Degree)
- Year 3 of M105 Law (3 year) (Qualifying Degree)
-
ULAA-M106 Undergraduate Law (4 year) (Qualifying Degree)
- Year 2 of M106 Law (4 year) (Qualifying Degree)
- Year 3 of M106 Law (4 year) (Qualifying Degree)
- Year 4 of M106 Law (4 year) (Qualifying Degree)
-
ULAA-M104 Undergraduate Law (Year Abroad)
- Year 2 of M104 Law (Year Abroad)
- Year 4 of M104 Law (Year Abroad)
-
ULAA-M108 Undergraduate Law (Year Abroad) (Qualifying Degree)
- Year 2 of M108 Law (Year Abroad) (Qualifying Degree)
- Year 4 of M108 Law (Year Abroad) (Qualifying Degree)
- Year 3 of ULAA-ML33 Undergraduate Law and Sociology
- Year 2 of ULAA-M10A Undergraduate Law with French Law (Qualifying Degree)
- Year 2 of ULAA-M10C Undergraduate Law with German Law (Qualifying Degree)
- Year 3 of ULAA-M110 Undergraduate Law with Humanities (3 Year)
-
ULAA-M113 Undergraduate Law with Humanities (4 Year) (Qualifying Degree)
- Year 2 of M113 Law with Humanities (4 year) (Qualifying Degree)
- Year 3 of M113 Law with Humanities (4 year) (Qualifying Degree)
- Year 2 of ULAA-M115 Undergraduate Law with Social Sciences (3 Year) (Qualifying Degree)
This module is Option list A for:
- Year 4 of ULAA-M10A Undergraduate Law with French Law (Qualifying Degree)
- Year 4 of ULAA-M10C Undergraduate Law with German Law (Qualifying Degree)
- Year 4 of ULAA-M113 Undergraduate Law with Humanities (4 Year) (Qualifying Degree)
- Year 3 of ULAA-M115 Undergraduate Law with Social Sciences (3 Year) (Qualifying Degree)
This module is Option list B for:
-
ULAA-ML34 BA in Law and Sociology (Qualifying Degree)
- Year 3 of ML34 Law and Sociology (Qualifying Degree)
- Year 4 of ML34 Law and Sociology (Qualifying Degree)
- Year 4 of ULAA-ML33 Undergraduate Law and Sociology
This module is Option list E for:
- Year 2 of UPHA-V7MW Undergraduate Politics, Philosophy and Law