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UK Parliamentary Scrutiny of the EU Political and Legal Space after Brexit

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  • Adam Cygan
  • Philip Lynch
  • Richard Whitaker

Abstract

This article considers the effect of Brexit upon the UK Parliament and whether Brexit will reverse the ‘de‐parliamentarisation’ that has been identified through EU membership. Supporters of Brexit identified an end to ever closer integration, or Europeanisation, and restoration of parliamentary control over repatriated competences as a key benefit of Brexit. Firstly, this article explores how Parliament may adapt to leaving the institutional structures of Europeanisation and whether this may lead to ‘de‐Europeanisation’ of UK law, policy and practice, including how UK courts may respond to ‘de‐Europeanisation’ in their application of Retained EU law. Secondly, the article examines the extent to which Brexit might produce a ‘reparliamentarisation’ as Parliament exercises repatriated competences. We argue that this depends on the future UK‐EU agreement and the extent to which it utilises EU legislative norms and principles. Finally, we review how different future relationship scenarios may impact upon Parliament’s engagement with EU affairs.

Suggested Citation

  • Adam Cygan & Philip Lynch & Richard Whitaker, 2020. "UK Parliamentary Scrutiny of the EU Political and Legal Space after Brexit," Journal of Common Market Studies, Wiley Blackwell, vol. 58(6), pages 1605-1620, November.
    • Handle: RePEc:bla:jcmkts:v:58:y:2020:i:6:p:1605-1620
    DOI: 10.1111/jcms.13111
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    References listed on IDEAS

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    1. Andreas Follesdal & Simon Hix, 2006. "Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik," Journal of Common Market Studies, Wiley Blackwell, vol. 44, pages 533-562, September.
    2. Andreas Follesdal & Simon Hix, 2006. "Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik," Journal of Common Market Studies, Wiley Blackwell, vol. 44(3), pages 533-562, September.
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    Cited by:

    1. Adam Cygan, 2022. "Legislating for Brexit: ‘The People’ versus Parliament?," Global Policy, London School of Economics and Political Science, vol. 13(S2), pages 47-57, April.

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