"Brexit and Comparative Constitutional Law"
June 17, 2019
The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously spark new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the most importance.
Prof. Andrew Baker, Associate Dean (Quality Assurance and Enhancement) as key note speaker at South Asian Colloquium on Commonwealth Comparative Constitution and Public Lawon 16th & 17th of January, 2018 organized at Lloyd Law College, ba llb colleges in delhi, deliberated on the topic Comparative constitutional law and the present status of UK. He stated that the law and politics of the United Kingdom's constitution would seem to be in a state of considerable flux. At a political level, the creation in May 2010 of a coalition government with an agreed five-year program, including the waiving in certain agreed-upon circumstances of the constitutional convention of collective responsibility, involves a radical departure from received (or, at least, recently received) constitutional practice. Furthermore, as the 2010 general election took place against the backdrop of widespread public disillusionment with political structures and practices, driven to a large extent by revelations concerning expense claims submitted by Members of the 2005–2010 Parliament, it is unsurprising that the government has committed itself to continuing the cleanup of Westminster-level political practices and to a further downward distribution of power proposals which will themselves have significant constitutional implications if implemented in full .
He presented sad status that for the UK to leave the EU it had to invoke Article 50 of the Lisbon Treaty which gives the two sides two years to agree the terms of the split. Theresa May triggered this process on 29 March, 2017, meaning the UK is scheduled to leave at 11pm UK time on Friday, 29 March 2019. A European court has ruled that the UK can decide to halt the process and stay in the EU at any time up to the deadline. Alternatively the process can be extended if all 28 EU members agree. But at the moment all sides are focusing on that date as being the key one, and Theresa May has put it into British law. This overall change will shake the very grounds of our constitution but to overcome the crisis and stand with strength is the need. For the same such deliberations on comparative constitutional law hold great importance for us.
Lloyd Law College