Brexit and devolution: the Senedd in the face of constitutional ambiguity and institutional change

Phylip, Hedydd 2025. Brexit and devolution: the Senedd in the face of constitutional ambiguity and institutional change. PhD Thesis, Cardiff University. Item availability restricted.

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Abstract

This thesis examines the impact of EU withdrawal on devolution and devolved competence from the perspective of the Senedd, the Welsh legislature. It is a proudly interdisciplinary piece of socio-legal research. It has a departure point in legal studies but makes use of the insights and methods of social sciences, especially political science. This vantage point helps in defining the role of law in the evolving framework of multi-level governance the Senedd operates in and is impacted by. The thesis is also concerned with the Senedd as a site of law-making, which introduces questions in relation to its internal operations. The institutionalist perspective helps explain the actions of the Senedd, faced with a changing constitutional context. The changing institutional landscape tracked, is not devoid or independent of the law but instead recognises law as inherent to it. As part of this PhD programme, the author spent an extended period working with Senedd Research during the Fifth Senedd (2016-2021) and this is central to the research. Methodologically the thesis’ research design is driven by a form of Embedded Research especially adapted for the purposes of conducting research in a legislature. The thesis sets out how the loss of the EU-level triggered by Brexit exposes the ambiguities in the territorial constitution in relation to the boundaries and the operation of devolved competence. Changes were triggered by EU withdrawal on two planes. Firstly, through UK-wide mechanisms, identified as institutions of multi-level governance, designed to fill the gaps left by EU withdrawal (the EU (Withdrawal) Act 2018, the Common Frameworks programme and the UK Internal Market Act 2020). Secondly, the work reveals how embedded and ingrained existing institutional norms and practices are within the Senedd and how they influence the behaviour of actors within it.

Item Type:	Thesis (PhD)
Date Type:	Completion
Status:	Unpublished
Schools:	Schools > Cardiff Law & Politics
Subjects:	J Political Science > J General legislative and executive papers J Political Science > JA Political science (General) J Political Science > JF Political institutions (General)
Uncontrolled Keywords:	Brexit, Devolution, Wales, Welsh Devolution, Senedd, Legislatures, Parliaments, Sub-state legislatures, Institutionalism, Multi-level Governance, territorial constitution, EU withdrawal, European Union, Constitutional Law, Scrutiny, Law-Making, Legislative Consent, Sewel Convention, EU (Withdrawal) Act 2018, Common Frameworks, UK Internal Market Act 2020.
Date of First Compliant Deposit:	13 May 2026
Last Modified:	14 May 2026 11:41
URI:	https://orca.cardiff.ac.uk/id/eprint/186993

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