The Constitution Society Paper, ‘Brexit: The Immediate Legal Consequences’, by Richard Gordon QC and Rowena Moffatt, is available online.
The outcome of the referendum on 23 June 2016 will, in practice, bind the government on the question of whether or not the United Kingdom will remain in the EU. This paper does not engage in the issues about ‘remain’ or ‘leave’ about which it is neutral. But if there is a vote for Brexit the legal implications of such an outcome will suddenly occupy centre-stage. Thus far, they have hardly been addressed. Here, the authors explore the two pressing and immediate legal consequences of Brexit. Part 1 examines the constitutional consequences of a vote to leave the EU and Part 2 focuses on the consequences of such a vote for EU citizenship rights. The thesis presented is that identifying the immediate legal effects of Brexit can neither be avoided nor deferred and that, once identified, they need to be planned for well in advance of any exit from the EU. Constitutionally, these legal challenges encompass the uncertainties surrounding the operation of Article 50 TEU regulating the exit of member states, the complexities of uncoupling EU law from domestic law, and the implications of Brexit for devolution including the engagement and justiciability of the Sewel Convention. There are also likely to be substantive legal effects on EU citizenship rights that are vested and that may become the subject of legal proceedings either in the UK or elsewhere in the EU.
This pamphlet presents the views of the authors and not those of The Constitution Society, which publishes it as a contribution to debate on this important subject.