Brexit: A Note on the EU's Interlegality
Banakar, Reza LU
(2019)
In Globalization: Law and Policy
- Abstract
- This study argues that Brexit is as much an internal UK crisis of law, identity politics and democracy as it is the EU crisis of integration. Does Brexit bring us a new insight into how the legal order of the EU and its Member States are interrelated? Does it throw a new light on the EU law’s ability to produce a sense of collective European identity and solidarity which transcends national borders and unite the cultural fragments which constitute its Member States? Using the notion of “interlegality,” and the cartographic mechanisms of “scale,” “projection” and “symbolisation,” this study draws attention to how EU laws and policies become inevitably distorted as they pass between legal spaces which are shaped by different scales of... (More)
- This study argues that Brexit is as much an internal UK crisis of law, identity politics and democracy as it is the EU crisis of integration. Does Brexit bring us a new insight into how the legal order of the EU and its Member States are interrelated? Does it throw a new light on the EU law’s ability to produce a sense of collective European identity and solidarity which transcends national borders and unite the cultural fragments which constitute its Member States? Using the notion of “interlegality,” and the cartographic mechanisms of “scale,” “projection” and “symbolisation,” this study draws attention to how EU laws and policies become inevitably distorted as they pass between legal spaces which are shaped by different scales of regulation. However, Brexit shows that these distortions do not on their own provide sufficient explanation for either the failure of the EU integration policies in respect to the UK or the success of the Leave Campaign in the 2016 referendum. To understand the double crisis which Brexit represents, we need to explore how the EU’s interlegality is shaped by the imbalance of power and authority which permeates the hierarchical structure of the EU. The paper ends by arguing that to minimise the excessive distortions and to maximise the integrative potential of the EU law, we need to envisage the EU’s interlegality outside its existing hierarchy of sources of power which create a primarily top-down flow of legal authority. (Less)
- Abstract (Swedish)
- This study argues that Brexit is as much an internal UK crisis of law, identity politics and democracy as it is the EU crisis of integration. Does Brexit bring us a new insight into how the legal order of the EU and its Member States are interrelated? Does it throw a new light on the EU law’s ability to produce a sense of collective European identity and solidarity which transcends national borders and unite the cultural fragments which constitute its Member States? Using the notion of “interlegality,” and the cartographic mechanisms of “scale,” “projection” and “symbolisation,” this study draws attention to how EU laws and policies become inevitably distorted as they pass between legal spaces which are shaped by different scales of... (More)
- This study argues that Brexit is as much an internal UK crisis of law, identity politics and democracy as it is the EU crisis of integration. Does Brexit bring us a new insight into how the legal order of the EU and its Member States are interrelated? Does it throw a new light on the EU law’s ability to produce a sense of collective European identity and solidarity which transcends national borders and unite the cultural fragments which constitute its Member States? Using the notion of “interlegality,” and the cartographic mechanisms of “scale,” “projection” and “symbolisation,” this study draws attention to how EU laws and policies become inevitably distorted as they pass between legal spaces which are shaped by different scales of regulation. However, Brexit shows that these distortions do not on their own provide sufficient explanation for either the failure of the EU integration policies in respect to the UK or the success of the Leave Campaign in the 2016 referendum. To understand the double crisis which Brexit represents, we need to explore how the EU’s interlegality is shaped by the imbalance of power and authority which permeates the hierarchical structure of the EU. The paper ends by arguing that to minimise the excessive distortions and to maximise the integrative potential of the EU law, we need to envisage the EU’s interlegality outside its existing hierarchy of sources of power which create a primarily top-down flow of legal authority. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/a60a4b31-d9b1-43a3-ab20-39bab5991453
- author
- Banakar, Reza
LU
- organization
- publishing date
- 2019-06-14
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Brexit, EU law, transnational law and politics, interlegality, integration, legitimacy, solidarity, identity, democracy deficit, Socio-Legal Research, cartography
- host publication
- Transnationalisation and Legal Actors : Legitimacy in Question - Legitimacy in Question
- series title
- Globalization: Law and Policy
- editor
- Lemann Kristiansen, Bettina ; Mitkidis, Katerina ; Munkholm, Louise ; Neumann, Lauren and Pelaudeix, Cécile
- publisher
- Routledge
- external identifiers
-
- scopus:85104697479
- ISBN
- 9780429437151
- 9781138346970
- project
- Rethinking EU Law
- Nya perspektiv på EU-rätten i skuggan av den konstitutionella krisen
- language
- English
- LU publication?
- yes
- id
- a60a4b31-d9b1-43a3-ab20-39bab5991453
- date added to LUP
- 2018-11-09 14:56:49
- date last changed
- 2024-10-01 09:47:26
@inbook{a60a4b31-d9b1-43a3-ab20-39bab5991453,
abstract = {{This study argues that Brexit is as much an internal UK crisis of law, identity politics and democracy as it is the EU crisis of integration. Does Brexit bring us a new insight into how the legal order of the EU and its Member States are interrelated? Does it throw a new light on the EU law’s ability to produce a sense of collective European identity and solidarity which transcends national borders and unite the cultural fragments which constitute its Member States? Using the notion of “interlegality,” and the cartographic mechanisms of “scale,” “projection” and “symbolisation,” this study draws attention to how EU laws and policies become inevitably distorted as they pass between legal spaces which are shaped by different scales of regulation. However, Brexit shows that these distortions do not on their own provide sufficient explanation for either the failure of the EU integration policies in respect to the UK or the success of the Leave Campaign in the 2016 referendum. To understand the double crisis which Brexit represents, we need to explore how the EU’s interlegality is shaped by the imbalance of power and authority which permeates the hierarchical structure of the EU. The paper ends by arguing that to minimise the excessive distortions and to maximise the integrative potential of the EU law, we need to envisage the EU’s interlegality outside its existing hierarchy of sources of power which create a primarily top-down flow of legal authority.}},
author = {{Banakar, Reza}},
booktitle = {{Transnationalisation and Legal Actors : Legitimacy in Question}},
editor = {{Lemann Kristiansen, Bettina and Mitkidis, Katerina and Munkholm, Louise and Neumann, Lauren and Pelaudeix, Cécile}},
isbn = {{9780429437151}},
keywords = {{Brexit; EU law; transnational law and politics; interlegality; integration; legitimacy; solidarity; identity; democracy deficit; Socio-Legal Research; cartography}},
language = {{eng}},
month = {{06}},
publisher = {{Routledge}},
series = {{Globalization: Law and Policy}},
title = {{Brexit: A Note on the EU's Interlegality}},
year = {{2019}},
}