Brexit, Union, and Disunion
The Evolution of British Constitutional Unsettlement

Provides a critical analysis of Brexit, placing it in the broader context of the historical development of the British Constitution.

Sionaidh Douglas-Scott (Author)

9781108795340, Cambridge University Press

Paperback / softback, published 9 November 2023

376 pages, 5 b/w illus.
24.5 x 17 x 2.6 cm, 0.889 kg

'Particularly valuable is the original and extended analysis of the British Empire, or empires, including the North American colonies, India, and the African, Asian, and Caribbean possessions …. Douglas-Scott is not the first scholar to dissect the intellectual muddle of Diceyan doctrine, but she is one of the most effective, to the point that one wonders why anyone should have taken it seriously …. This book provides a penetrating account and critique of the UK's domestic and imperial constitution. It challenges the old myths of exceptionalism and progress …' Michael Keating, Journal of Law and Society

This book provides a critical analysis of Brexit, placing it in the broader context of the historical development of the British Constitution and earlier disputes as to the meaning of statehood, sovereignty, and territorial boundaries. Some of the greatest challenges posed by the UK's withdrawal from the EU are those it places on the British Constitution, which is already 'unsettled' and under strain. This book investigates this impact, but also uniquely locates Brexit in the broader context of historically significant British 'acts of union or disunion' – such as the loss of former US colonies and British Empire, and the place of Scotland and Ireland in the Union. These precedents help us understand how a British constitutional identity has been shaped or dismantled by legal concepts of union or sovereignty.

Introduction
Part I. Five Case Studies of Acts of Union and Disunion: 1. Scotland
2. Ireland
3. Britain's loss of its North American colonies in the 18th century
4. The constitutional status of the British empire and commonwealth
5. Britain and Europe
Part II. Five Themes: 6. Sovereignty
7. Unions and disunion
8. Federalism, devolution and differentiation
9. Democracy and referendums
10. Human rights
Conclusion.

Subject Areas: Constitutional & administrative law [LND]