How Brexit Will Happen: A Brief Primer on EU Law and Constitutional Law Questions Raised by Brexit

24 Pages Posted: 18 Aug 2016 Last revised: 4 Nov 2016

See all articles by Holger P. Hestermeyer

Holger P. Hestermeyer

King's College London - The Dickson Poon School of Law; A Dickson Poon Transnational Law Institute

Date Written: August 17, 2016

Abstract

In a referendum held in the UK on 23 June 2016, 51.9% of the participating electorate voted to leave the European Union. The number of legal questions raised by the referendum are breathtaking. This article tackles two of them: it discusses questions of UK constitutional law involved in deciding to leave the Union, namely the role of referenda, sovereignty of Parliament, the scope of the royal prerogative and devolution, as well as the basic EU law rules concerning the withdrawal process as contained in Art. 50 of the TEU. The latter involves issues such as the start of the negotiations, their content, length, how they will be conducted and whether the UK can conclude trade agreements during the Art. 50 negotiations process.

Keywords: Brexit, sovereignty, sovereignty of Parliament, royal prerogative, trade, common commercial policy, Commission, Council, WTO, EFTA

JEL Classification: K10, F02, F15, K33, F10, O52

Suggested Citation

Hestermeyer, Holger P., How Brexit Will Happen: A Brief Primer on EU Law and Constitutional Law Questions Raised by Brexit (August 17, 2016). TLI Think! Paper 42/2016; Journal of International Arbitration 2016; King's College London Law School Research Paper No. 2016-36. Available at SSRN: https://ssrn.com/abstract=2825092

Holger P. Hestermeyer (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

A Dickson Poon Transnational Law Institute ( email )

London, England WC2R 2LS
United Kingdom

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