UK Constitution after Miller

Brexit and Beyond

Häftad, Engelska, 2020

Av Mark Elliott, Jack Williams, Alison L Young

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The judgment of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of fundamental legal, constitutional and political significance. The Supreme Court’s judgment discussed the relative powers of Parliament and the Government, the relationship between Westminster and the devolved legislatures, and the extent to which the UK’s membership of the EU had changed the UK constitution, both prior to and even after departure. It also provided further evidence of the emerging role of the UK’s Supreme Court as a constitutional court, despite the lack of a codified constitution in the UK.This edited collection critically evaluates the decision in Miller, providing a detailed analysis of the reasoning in the judgment and its longer-term consequences for the UK constitution through the period of Brexit and beyond. The case is used as a lens through which to evaluate the modern UK constitution and its potential future evolution. Whatever form Brexit may eventually take, the impact that EU membership and the triggering of Brexit has already had on the UK’s constitutional settlement is profound. The book will be of great value to anyone interested in the effect of the Miller case and Brexit on the UK’s constitution.

Produktinformation

Utgivningsdatum2020-11-26
Mått156 x 234 x undefined mm
Vikt463 g
FormatHäftad
SpråkEngelska
Antal sidor328
FörlagBloomsbury Publishing PLC
ISBN9781509943722

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Författningsrätt och förvaltningsrätt inom Juridik

1. The Miller Tale: An Introduction Mark Elliott, Jack Williams and Alison L Young2. Prerogative Powers After Miller: An Analysis in Four E’s Jack Williams3. Miller and the Prerogative Anne Twomey4. Miller, Treaty Making and the Rights of Subjects Eirik Bjorge5. Miller, EU Law and the UK Paul Craig6. Of Power Cables and Bridges: Individual Rights and Retrospectivity in Miller and Beyond David Howarth7. Constitutional Change and Territorial Consent: The Miller Case and the Sewel Convention Aileen McHarg8. Sovereignty, Consent and Constitutions: The Northern Ireland References Gordon Anthony9. The Miller Case and Constitutional Statutes Sir John Laws10. Sovereignty, Primacy and the Common Law Constitution: What Has EU Membership Taught Us? Mark Elliott11. Miller, Constitutional Realism and the Politics of Brexit Richard Ekins and Graham Gee12. Miller and the Future of Constitutional AdjudicationAlison L Young

The largest compliment which this book can be paid is that it takes a case which was surrounded by partisan, and at times hysterical, arguments from both sides of the Brexit debate and has subjected the decision to rigorous, scholarly analysis. Every contribution to this book makes a significant entry into the academic discourse and I have no doubt that many of the essays will be subject to scrutiny and debate for many years to come.