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Brexit and the Future of EU Politics : A Constitutional Law Perspective
The Brexit decision to leave the EU is a miscarriage of democracy. It is an expression of UK sovereignty, proving not, however, that the Kingdom is retrieving its
full sovereignty from the EU. Instead it proves that the UK's sovereignty has
failed to evolve along with its membership of the EU and take on a European
dimension.
This failure has seen UK sovereignty regress from a sophisticated parliamentary sovereignty to a regressive outburst of popular sovereignty. In other Member
States, the same failure of evolution of sovereignty is latent and could lead to
similar outbursts.
The first lesson for us jurists to learn from Brexit is that keeping the articulation of sovereignty to law and legal thinking, and to ourselves, is a mistake.
Worse: constitutional and legal doctrine are to blame, in part, for allowing
thought on sovereignty to be split up into incompatible positions and for leaving
the notion defenseless against its hijack by populists.
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