Brexit’s Lessons for Constitutional Theory

Drawing on first hand participation in the legal and parliamentary constitutional developments caused by the Brexit crisis in the United Kingdom, this talk will explore what the experience tells us about certain fundamental concepts in constitutional theory. In particular, it will explore what light the experience sheds on the ideas of popular constitutionalism and constituent power, on the nature of legal interpretation, on the role of courts, legislatures and civil society in a constitutional crisis, and reflections on the distinction between so-called legal and political constitutionalism. It will also reflect on whether the existence of a codified constitution would have made much of a difference.