Recent developments indicate the potential direction of legal divergence between UK law and EU law, notably from both sides. The aim of this post is to give an overview of these divergences, which ultimately give rise to a series of pressing questions: are we seeing agendas to facilitate full divergence, or not? If so, is it divergence in substance or form?
The UK is essentially a third country. This is not just because we are now more than two years from the effective date of Brexit; rather, as this post will propound, there have been developments in the handling of Brexit in the UK which indicate a distinct shift towards the absorption of Brexit into the more traditional operation of the UK constitution. Consequently, it appears that Brexit is being constitutionalised.
As the UK is trying to manage a fuel crisis and a shortage of delivery drivers, we are left to wonder if the root of the issue is a question of crisis (mis) management or sovereignty (mis) management. The same goes for the EU, as its crisis (mis) management questions its ability to maintain the values and foundational principles that are at the very core of its own essence. Do the two cases provide examples as how to manage a crisis or how to manage a new sovereignty?
