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The Environmental Case for Brexit

This book articulates an argument that the environment is better protected within the law with Britain outside of the EU. The argument is based on a functionalist understanding of environmental law, drawing on Karl Llewllyn's 'law jobs theory'. Environmental law jobs (as they are called in this book) are well done when legal institutions (especially courts and legislatures) fit close enough with wider culture, including constitutional culture. Britain entered the EEC with an highly developed body of law, policy and practice relating to the environment, situated in a context of British, Diceyan constitutionalism. Critics of the EEC's initial environmental competence anticipated various problems for the development of environmental law artising from the changing constitutional context which this book explores, and largely endorses. Brexit is an opportunity for environmental law to develop independently, autonomously, more simply, and more rationally, than it has under conditions of EU membership, and that is in principle beneficial for the functioning of environmental law.