Middle Temple Library has compiled a frequently updated annotated list of online resources on the legal implications of the UK referendum and Brexit. It includes blogs, reports, parliamentary papers, legislation, cases, news, library collections and useful websites.
Oxford Public International Law has compiled a Debate Map on Brexit.
This debate map indexes analysis of and information about the legal consequences of the Brexit, focusing specifically on the mechanics of leaving the EU and the impact on EU citizens in the UK and British citizens in the EU—as well as on trade, the environment, and human rights protection in the UK. The map also includes analysis of treaty withdrawal generally under international law and the extent to which obligations, particularly in the fields of human rights and trade, can be said to continue even after a state’s exit from a treaty. The collection includes blog posts, papers prepared by the UK government, legal advice issued by leading lawyers, and open access journal articles and book chapters. Its purpose is to collect together legal analysis of the consequences of the Brexit under international law and EU law.
Compiled by the Middle Temple Library, this bibliography lists journal articles which consider the legal implications of the UK's withdrawal from the EU. Use the sidebar on the right of the webpage. This bibliography will be continuously updated.
Recent open access full text articles and book chapters from SSRN
Lock, Tobias, 'Human Rights Law in the UK after Brexit' (September 29, 2017) (Edinburgh School of Law Research Paper No. 2017/17)
Craig, Paul P, 'The Process: Brexit and the Anatomy of Article 50' in F Fabbrini (ed) The Law and Politics of Brexit (Oxford University Press, 2017)
Dickinson, Andrew, 'Close the Door on Your Way Out - A Bystander's Guide to Brexit' (March 1, 2017)
Markakis, Menelaos, 'Legal Issues Arising from the Brexit Referendum: A UK and EU Constitutional Analysis' (2017) 45(1) International Journal of Legal Information 14-23
de Witte, Floris, 'LSE Law Brexit Special #1: Negotiating Brexit' (LSE Law - Policy Briefing Paper No. 20-2017)
Abstract: The discussions on Brexit so far have mainly focused on its domestic legal implications, and its possible political consequences for both the EU and the UK. As Article 50 TEU is triggered, however, and the process of negotiating Brexit and a new deal between the UK and the EU has started, the focus shifts to the details of EU law. EU law suggests significant constraints to the renegotiation process.
Murkens, Jo Eric Khushal, 'London School of Economics Brexit Special #2: The Constitutional Context to Triggering Article 50 TEU' (LSE Law - Policy Briefing Paper No. 21-2017)
Abstract: The mythical Art.50 TEU gives Member States the option to withdraw from the EU ‘in accordance with its own constitutional requirements’. But what are the constitutional requirements of a country with no written constitution? And which institution is best placed to resolve the competing constitutional claims regarding prerogative powers, Acts of Parliament, conventions, and individual rights that were voiced by the government, the devolved administrations, and by the claimants?
Chalmers, Damian, 'LSE Law Brexit Special #4: Trade after Brexit' (LSE Law - Policy Briefing Paper No. 23-2017)
Abstract: Leaving the European Union has been characterised as potentially one of the greatest protectionist acts in the United Kingdom’s history. The European Union has intimated that any trading relationship must offer the United Kingdom significantly worse terms of trade than it currently enjoys. Alongside this, the United Kingdom has no ambition to be either part of the customs union or the single market. This would put it on the periphery of European trade. Only a few States from the former Soviet Union would enjoy worse terms than it.
Dunne, Niamh, 'LSE Law Brexit Special #5: Competition Law and Policy after Brexit' (LSE Law - Policy Briefing Paper No. 24-2017)
Abstract: Competition law and policy is an area where the EU legal framework has had a particularly significant impact on the evolution of UK law. The EU rules have functioned as both catalyst and model for the equivalent UK provisions, while the broader influence of EU competition law extends considerably beyond the confines of the field itself. This contribution reviews the likely impact of Brexit, following which UK competition law faces the prospect of being cut adrift from its foundational influences.
Murkens, Jo Eric Khushal, 'The Blunders of Brexit: Economics, Sovereignty, and the Constitution' (LSE Legal Studies Working Paper No. 14/2016)
Abstract: What exactly was the outcome of the June 23 referendum? For some, it breaks or boosts Britain’s economic prospects. For others, the result allows Britain to ‘take back control’ of sovereignty. In this paper, I dissect the arguments relating to economics and sovereignty, which fall into the category of wishful thinking rather than prudent assessment. I then focus on the UK’s own constitutional presuppositions. The desire to restore sovereignty to Westminster comes twenty years too late. Devolution to Scotland, Wales, and Northern Ireland has transformed the British constitution. Political power is no longer monopolized by Westminster, but shared with regional parliaments and devolved administrations. If the Conservative government insists on withdrawing the UK from the EU it will, of course, hurt the EU. But if it does so against the wishes of Scotland and Northern Ireland, it will destroy the UK.
Smith, Anne, Monica McWilliams and Priyamvada Nellum Rose Yarnell, 'Does Every Cloud Have a Silver Lining?: Brexit, Repeal of the Human Rights Act and the Northern Ireland Bill of Rights' (2016) 40(1) Fordham International Law Journal. Full text available on SSRN (open access).