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

ISBN-13: 9781108832922 / Angielski / Twarda / 2021 / 350 str.

Oran Doyle; Aileen McHarg; Jo Murkens

Opis

Evaluates the pressures, both institutional and territorial, that Brexit exerts on both the United Kingdom and Irish constitutional orders.

Recenzje

'This is a timely and valuable collection of essays that explores the challenges posed by Brexit for Ireland and the UK. These challenges played a significant part in the negotiation of the Withdrawal Agreement, and were centre stage in subsequent trade discourse. The book will be of interest to all those concerned by the impact of Brexit on constitutional ordering broadly conceived.' Paul Craig, Emeritus Professor of English Law, University of Oxford

Spis treści

Preface; List of contributors; 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.