The only certainty is uncertainty: risk to rights in the Brexit process

Abstract

This chapter exposes the uncertain future of rights in the UK following the Brexit process, adopting a taxonomy of risk that the Brexit process will pose to the framework of rights protection. It provides an overview of the envisioned Brexit process as it impacts rights and concomitant remedies for their infringement, and links this to the core question of whether there is an inherent ‘injustice’ in uncertainty. It outlines those rights which will be lost; those which are critically at risk; those which are vulnerable; and considers whether there are alternative means of protecting rights. It concludes on the argument of the injustice in the ‘knowable’ consequence of uncertainty and risk to rights which will arise as a direct consequence of the planned legal process by which the UK will withdraw from the EU.