How might a Brexit affect students’ law degrees?

Posted By on Apr 19, 2016 |


With a date set for the EU referendum, it`s worth considering what result a Brexit may have on the university law syllabus. It might be the most exciting and transformative legal occasion to the contents of the law, and the academic argument surrounding it, for a generation.find out more about whistleblowers.

There is virtually no location of domestic law that doesn`t touch EU law, as revealed by a current study, which discovered that 64.7 % of UK law developed in between 1993 and 2014 is influenced by the EU. It follows that lots of modules available to law students across the country might alter.

How might a Brexit affect some of the modules considered obligatory by the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB)?

Constitutional law

This module focuses on the essential organizing principles of our constitution, such as doctrines like the guideline of law, separation of powers and parliamentary sovereignty, and the effect of the EU and devolution on these. Among the major arguments within this module, requiring students to dissect cases like Factortame, Thoburn and Jackson, is whether parliament sacrificed its sovereignty by executing the European Community Act 1972 (ECA).

Clearly, a Brexit could have a major impact on how students are anticipated to discuss this argument. It would provide them a new point of view through which doctrines might be analyzed.

However it appears improbable that a significant overhaul of the constitutional law module would be on the cards, according to Mark Elliott, a law teacher at the University of Cambridge, who states instant changes to what students study are unlikely.

Professor Elliott states a Brexit might affect exactly what students look at in constitutional law Although it would lay to rest the debate about the relationship in between parliamentary sovereignty and the primacy of EU law, the interaction of those concepts throughout the UK subscription of the EU has exposed important things about sovereignty, and our constitution more normally, that would remain appropriate, to essays on such subjects.

Tort law

Tort law mostly stems from the English typical law system and legislation produced separately by parliament. However, in particular key locations, parliament needs to pass laws in order to ensure English law abides by EU instructions.

Right away after a Brexit, directive-driven statutes that already exist such as the Consumer Protection Act 1987 (CPA) which comes from EC directive 85/374 would stay excellent law until changed or repealed by parliament. The majority of the law in these areas is settled and modifications and rescinds unlikely, indicating that for students studying these locations of tort law, there is most likely to be little impact.

Any alterations to the law might for that reason be more drastic than without a Brexit, for parliament could consist of or leave out provisions it may have had to sacrifice or water-down in order to comply with EU law, as is its obligation as a member state. This might lead to possibly sweeping changes to some locations of tort law that law students would have to take on.

Agreement law

Contract law, which is largely a product of common law, could still in some respects be influenced by a Brexit.

Analysis of contracts is the crucial element of an agreement law module: if you put on to understand the best ways to work out an agreement s contents, how can you learn the rules that govern it? There currently exists a set of conditions for this function that is almost widely applied.

A new set of conditions might be needed, which students might be expected to learn and use to cases where for example there is an argument over how courts would analyze agreements that were implied to be governed by English law (when it included some EU law principle) however English law now no longer includes that concept (because of a Brexit).

Leaving the EU would certainly considerably impact a module about EU law, where the constitution and the basic operations of the EU court are studied alongside principles like flexibility of movement and human rights. Jonny Dodd, 21, a law student at the University of Cambridge, jokes: I`m lured to vote no in the referendum, so I have less EU law to learn.

However, a Brexit wouldn`t necessarily render an EU module less useful and students would still need to study it. Professor Catherine Barnard, from the University of Cambridge, states: If there is a Brexit, much depends on what`s put in its place. If it`s the Norway option, students will still need to study EU law; much will continue to use, specifically the law of the single market. And even if there is no alternative arrangement in location, the EU will remain to be our greatest trading partner therefore numerous EU guidelines will continue to use.

Students may have to pay closer focus on the European Court of Justice because of the prospective divergence in between English and EU case law that a Brexit might assist in. With the SRA and BSB identifying that EU law represents a springboard from which to study other specialist locations of law and development to qualification as a solicitor or barrister, we can be fairly sure that the EU law module will stay compulsory for students.

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