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The Law & Politics of Brexit$
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Federico Fabbrini

Print publication date: 2017

Print ISBN-13: 9780198811763

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198811763.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 January 2020

The Political Mantra

The Political Mantra

Brexit, Control and the Transformation of the European Order

Chapter:
(p.25) 2 The Political Mantra
Source:
The Law & Politics of Brexit
Author(s):

Kalypso Nicolaïdis

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198811763.003.0002

The chapter sets Brexit against the age-old trade-off between cooperation and control. As Nicolaïdis argues, the European order has undergone a number of important transformations -accentuated since Maastricht- which have increasingly altered the balance between these two poles, fostering greater calls to ‘take back control’—the political mantra of the Brexiteers. Accordingly, Britain’s predicament lies in the tension between different meanings of ‘control’, which can be explored through Kant’s three categories of law. At the level of the inter-state system (Kant’s ius gentium), the British state has been willing to minimalize the loss of national control when bargaining over the scope of jurisdictional authority. However, it is especially vulnerable to losses of control once commitments have been made. This is true for relations between states and foreign nationals (ius cosmopoliticum), the transformation of national boundaries, and for relations between citizens and their own state (ius civitatis).

Keywords:   Brexit, control, demoicracy, international relations, history, independence, interdependence, sovereignty, state, democracy

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