원문정보
초록
영어
The UK’s relationship with European regionalism has always been controversial and multifaceted. Taking the UK’s relationship with the EU as well as the European human rights system of the ECHR as examples, one can argue that it is the UK’s peculiar uncodified constitution that has been a central cause for friction. The results of this friction are clear: On 23 June, 2016, a small majority of the British electorate voted in a referendum to leave the European Union. Furthermore, future domestic human rights reforms may trigger a British withdrawal from the Council of Europe. In both cases, the UK would be the first country to permanently withdraw from these postwar structures of regional cooperation. This article aims to highlight key domestic constitutional factors, which prompted a key player of European regionalism to question its own place in such a system. The British case study raises important questions especially for future architects of regional judicial cooperation, and thus may be relevant for current efforts in other regions such as Asia.
목차
I. Introduction
II. The UK and European regionalism
1. The EU: European economic, political and legal integration
2. The ECHR: European regional human rights protection
III. Constitutional seeds for EU-Brexit
1. Legal origins: The European Communities Act 1972
2. Legal Developments: Factortame and the European Union Act 2011
IV. Constitutional discomfort with the ECHR
1. Problem: The lack of domestic constitutional rights review
2. The Human Rights Act 1998: A failed solution?
V. Conclusion: Lessons for regional legal cooperation elsewhere?