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On Brexit

Law, Justices and Injustices Edited by Elaine Fahey, Professor of Law and Tawhida Ahmed, Reader in Law, City Law School, City, University of London, UK
Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.
Extent: c 324 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: December 2019
ISBN: 978 1 78990 300 3
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  • Law - Academic
  • European Law
  • Law and Society
  • Politics and Public Policy
  • European Politics and Policy
Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.

The EU is the epitome of a globalised world: an organisation with a huge number of members, partners and collaborators, seeking to further common goals, with pooling of resources to address shared concerns. Much attention has been paid to justices or injustices in relation to the impact that they have on beginning or increasing global relations, and in turn on individuals or groups. This thought-provoking book analyses the reverse: what justice is brought about by withdrawal therefrom?

On Brexit will be of great interest to students and academics working on EU law and politics and global relations due to its interdisciplinary nature. It will also be a key resource for both UK and EU governments and policy actors seeking to broaden their perspective on Brexit.
‘Beyond the tortured processes of the UK’s extraction from the EU lies a multitude of questions about what Brexit means for justice and injustice. Ahmed and Fahey have gathered an impressive array of scholars to uncover these questions, and some potential answers. This is essential reading for anyone trying to make sense of what the form and substance of Brexit means for law and justice.’
– Paul James Cardwell, University of Strathclyde, UK

‘Much has been said and done about Brexit, but in reality many fundamental questions remain to be addressed. This collection is a very much welcome addition to the debate on Brexit, especially to help us understand what is the role of law in this process and how we can think more critically about this role in the context of broader notions of justice and legal method.’
– Nuno Ferreira, University of Sussex, UK
Contributors include: T. Ahmed, S. Bardutzky, D. Collins, J. Corkin, S. Douglas-Scott, E. Fahey, S. Germain, J. Grogan, D. Kostakopolou, D. Kukovec, L. McDonagh, P. O’Connell, J. Odermatt, P. Polak, A. Powell, D. Seymour, N. Skoutaris, A. Yong, E. Xanthapoulou

Contents:
  
Prologue: Brexit, The Courts of Justice of the EU and Epignosis: A Constitutional Guide
Dora Kostakopolou

Introduction: Framing the Methodology of Justice, Injustice and Brexit
Tawhida Ahmed and Elaine Fahey

PART I WHOSE AND WHITHER JUSTICE AFTER BREXIT? 
1. Lexit and the Mystification of Political Economy  
David Seymour

2. The Legal Profession’s Responsibility for Brexit
Damjan Kukovec

3. The Constitutional Architecture of Injustice
Paul O Connell
  
PART II BREXIT AND GOVERNANCE 
4. The Only Certainty is Uncertainty: Risk to Rights in the Brexit Process  
Joelle Grogan

5. ‘The Will of the People’: The UK Constitution, (Parliamentary) Sovereignty, and Brexit
Alex Powell
   
6. Brexit and the Siren-like Allure of Sovereignty
Sionaidh Douglas-Scott   

7. Brexit, Justice and Dispute Settlement  
Jed Odermatt

PART III CITIZENS AND VULNERABLE PERSONS 
8. Human rights protection as justice in post-Brexit Britain: a case study of deportation
Adrienne Yong

9. Brexit and the Balance of Free Movement and Social Justice
Polly Polak
  
10. Will there be Justice in Healthcare post-Brexit?
Sabrina Germain

11. Legal Uncertainty, Distrust and Injustice in Post-Brexit Asylum Cooperation
Ermioni Xanthopoulou

PART IV TERRITORY AND GLOBALISATION 
12. The Constitutional Implications of Brexit for Nothern Ireland
Luke McDonagh

13. Brexit and transitional justice: Brexit as a challenge to Peacebuilding
Nikos Skoutaris
 
14. Brexit, Freedom, and Justice: The Difficulties of Political Constitutionalism with the Supranational/Global
Samo Bardutzky  
  
15. Brexit and International Trade: The Aspiration of Global Britain 
David Collins
 
16. The Liberal Order: Holed Below the Waterline or a Ship we can Rebuild at Sea
Joe Corkin

Conclusions
Tawhida Ahmed and Elaine Fahey