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 web page

Module aims

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

Books:
Craig & de Burca EU law (OUP) – it is foundational to understand the basics of what the EU is and how it operates – Foundations of EU law (or functional equivalent introductory EU law module for visiting students) will be a prerequisite and this book covers this material well.
Classic textbooks on EU law are now publishing online supplements dealing with some of the issues and this will need updating before the module runs.
Birkinshaw, Biondi (eds), Britain Alone Kluwer 2016
Peers, Brexit – the legal framework for withdrawal from the EU Hart forthcoming 2017

Journal Articles:
Craig: Brexit, a drama in six acts 2016 ELRev 447 – a useful accessible explanation of how it all came about.
German Law Journal (www.germanlawjournal.com) has a Brexit supplement freely downloadable as a large single PDF (or individual pieces) from their website, 2016.
T Fairclough Who pulls the trigger? Article 50, parliament and the Royal Prerogative [2017] Public law
G Phillipson A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament (2016) MLR 1064
Casting Aside Clanking Medieval Chains: Prerogative, Statute and Parliament and Article 50 after the EU Referendum (2016) MLR 1041
S Douglas-Scott Brexit Article 50 and the Contested British Constitution (2016) MRL 1019
Davies Brexit and the Free Movement of Workers: a Plea for National Assertiveness [2016] ELRev 925
R Gordon Brexit a Challenge for the UK constitution of the UK constitution (2016) European Constitutional Law Review 409
G Gee, L Rubini & M Trybus: Leaving the EU? The legal impact of Brexit on the UK (2016) European Public Law p 51
G Gee, A Young Regaining Sovereignty? Brexit the UK Parliament and Common Law (2016) EPL 131
S Wall, Leaving the EU? (2016) EPL 57.

There are also a number of working papers and blogs that are of interest. An illustrative selection from SSRN below. It is anticipated that some of these may transfer into formal journal form in due course.
A Sari Reversing a Withdrawal Notification under Article 50 TEU Exeter Law School Working Paper
R Leas-Arcas Three Thoughts on Brexit QMUL Legal Studies Research Paper 249/16
R Ingelhart & P Norris, Trump Brexit and the Rise of populism, Economic Have-nots and cultural backlash: Harvard Kennedy School of Government working paper 2016
D Francis Exit Legitimacy, forthcoming Vanderbilt Journal of Transnational law
M Lehmann Brexit and the Consequences for Commercial and Financial Relaoitns between the UK and the EU
L Bartels The UK’s Status in the WTO after Brexit

Caselaw:
Miller v Secretary of State for Exiting the European Union is a key case, already decided in the High Court but due for a Supreme Court ruling imminently (Jan 2017).

Parliamentary & other official materials:

There are, and will continue to be, a wide range of official materials. The UK Parliament has set up an ‘Exiting the EU’ Committee and it is to be anticipated that this will produce valuable materials and evidence, and the House of Lords EU Select Committee is publishing a series of reports in December 2016.
Scotland – A European Nation from the Scottish Government (Nov 2016).

NB Because this is such a fast moving topic, it is anticipated that new materials in law journals and online research papers will emerge over the months before this module runs for the first time and this illustrative selection is therefore at an early stage. Students will be encouraged – required – to follow contemporary developments through emerging scholarship in journals, online research papers, good quality media discussions, blog posts etc.

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.