What could have been and may yet still be: Brexit, the Charter of Fundamental Rights of the European Union and the right to have rights

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Abstract

Reflects on the potentially ongoing effects of the Charter of Fundamental Rights of the European Union in the UK following Brexit. Discusses UK approaches to the Charter, some potential misconceptions, the role of art.51, and the extent to which giving it a wide interpretation may lead to an inclusive application of the Charter involving the recognition of the "right to have rights".
Legislation cited
Charter of Fundamental Rights of the European Union art.51
Original languageEnglish
Pages (from-to)824-839
JournalEuropean Law Review
Volume45
Issue number6
Publication statusPublished - 2 Dec 2020

Keywords

  • Brexit
  • EU law
  • Fundamental rights
  • Jurisprudence
  • Statutory interpretation

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