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The Brexit Challenge for Ireland and the United Kingdom: Constitutions Under Pressure

The Brexit Challenge for Ireland and the United Kingdom: Constitutions Under Pressure

Author: Oran Doyle; Aileen McHarg; Jo Murkens
Publisher: Cambridge University Press
ISBN: 9781108965880

Published In: April 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108832922

List Price: HKD 364.00

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Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function under the most intense political pressures.

Offers a broad-ranging assessment of the constitutional effects of Brexit, helping readers to understand the myriad constitutional issues that have arisen in the course of the Brexit process, and to evaluate their longer-term implications
Considers the intertwined constitutional implications of Brexit for both Ireland and the UK
Draws together a range of leading scholars from the UK and Ireland, combining expertise from law, history and political science

Introduction: the constitutional tensions of Brexit - Oran Doyle, Aileen McHarg and Jo Murkens

Part I. Territorial Pressures in Ireland and the United Kingdom:

1. Subsidiarity, competence, and the UK territorial constitution - Jo Hunt

2. Brexit and the mechanisms for the resolution of conflicts in the context of devolution: do we need a new model? - Elisenda Casanas Adam

3. Beyond matryoshka governance in the 21st century: the curious case of Northern Ireland - Sylvia de Mars and Aoife O'Donoghue

4. Political parties in Northern Ireland and the post-Brexit constitutional debate - David Mitchell

5. The constitutional significance of the people of Northern Ireland - C.R.G. Murray

6. The constitutional politics of a United Ireland - Oran Doyle, David Kenny and Christopher McCrudden

7. The minority rights implications of Irish unification - James Rooney

Part II. Institutional Pressures and Contested Legitimacy:

8. Populism and popular sovereignty in the UK and Irish constitutional orders - Eoin Daly

9. Party, democracy and representation: the political consequences of Brexit - Malcolm Petrie

10. Westminster versus Whitehall: what the Brexit debate revealed about an unresolved conflict at the heart of the British constitution - David Howarth

11. Brexit and the problem with delegated legislation - Adam Tucker

12. Litigating Brexit - Christopher McCorkindale and Aileen McHarg

13. The law officers: the relationship between executive lawyers and executive power in Ireland and the United Kingdom - Conor Casey

14. In search of the constitution - Martin Loughlin