• P Eleftheriadis, 'Constitutional Illegitimacy over Brexit' (2017) 88 Political Quarterly 183
    Members and supporters of the British government say that the only constitutionally legitimate course of action over Brexit after the referendum is to press ahead with withdrawal from the European Union, even if that would entail the complete severance of all ties (which we normally call ‘hard Brexit’). A more sophisticated view of the constitution, however, shows that these more or less populist arguments are false. As the Supreme Court confirmed in the recent Gina Miller judgment, the constitution did not change with the June referendum. Parliament is still supreme and determines both ordinary legislation and constitutional change. In fact, if one examines closely the claim that the referendum entails hard Brexit, it becomes obvious that this claim is false as well. The referendum opened the door for one among four different possibilities. Which Brexit option—if any—the United Kingdom should take is a matter for Parliament now to decide, following the normal processes of democratic deliberation and representation.
  • R Ekins, 'Constitutional practice and principle in the Article 50 litigation' (2017) 133 Law Quarterly Review 347 [Case Note]
  • J Armour, H Fleischer, V Knapp and M Winner, 'Brexit and Corporate Citizenship' (2017) European Business Organization Law Review 225
    DOI: DOI: 10.1007/s4080401700724
    The UK’s recent vote for Brexit has sparked a fierce debate over the implications for the rights of EU citizens living in the UK and UK citizens living in the rest of the EU. So far, however, there has been relatively little discussion of the implications of Brexit for legal persons – that is, corporate citizens of the EU, which may also be profoundly affected by consequent changes. The ECJ’s 1999 decision in Centros made clear that the freedom of establishment protects the entitlement of corporate persons formed in one EU Member State to carry on their business in another Member State. Since then, many entrepreneurs in continental European countries have chosen to form companies in the UK, while still carrying on their business in their home country. What will the consequences of Brexit be for such companies?
    ISBN: 1566 7529
  • N. W. Barber, T. Hickman and J. King, 'Reflections on Miller' in D. Clarry (ed), Supreme Court Yearbook (Appellate Press 2018)