Lawyers against European Union: The Maastricht Judicial Review 1992–1993

Abstract

This article argues that lawyers were important agents in the remaking of British Euroscepticism during the Maastricht treaty period and should be written into its history. It offers new subject matter, exploring how and why lawyers challenged the Maastricht treaty through the English courts. From its initial preparation to its ultimate failure, the legal case fused together a defence of high ideals, like the sovereignty of Parliament, with specific critiques of European ‘Union’; it invoked ideas of British and English exceptionalism, while building alliances across Europe, forging transnational connections between Eurosceptic lawyers across member states. Drawing from an unexplored archive of the legal team's court preparations and correspondence preserved by William Rees-Mogg, this study reveals the hidden role lawyers played in contesting the European Union.