The UK Constitution after Miller
Brexit and Beyond
- 328 pages
- English
- PDF
- Available on iOS & Android
The UK Constitution after Miller
Brexit and Beyond
About this book
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.
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Table of contents
- Foreword by Sir Stephen Sedley
- Contents
- List of Contributors
- 1. The Miller Tale: An Introduction
- 2. Prerogative Powers After Miller: An Analysis in Four E's
- 3. Miller and the Prerogative
- 4. Miller, Treaty Making and the Rights of Subjects
- 5. Miller, EU Law and the UK
- 6. Of Power Cables and Bridges: Individual Rights and Retrospectivity in Miller and Beyond
- 7. Constitutional Change and Territorial Consent: The Miller Case and the Sewel Convention
- 8. Sovereignty, Consent and Constitutions: The Northern Ireland References
- 9. The Miller Case and Constitutional Statutes
- 10. Sovereignty, Primacy and the Common Law Constitution: What has EU Membership Taught Us?
- 11. Miller, Constitutional Realism and the Politics of Brexit
- 12. Miller and the Future of Constitutional Adjudication
- Index