Would use of the prerogative to denounce the ECHR ‘frustrate’ the Human Rights Act? Lessons from Miller
Considers, in light of the ruling in R. (on the application of Miller) v Secretary of State for Exiting the European Union (SC), whether the royal prerogative could be invoked to withdraw the UK from the ECHR while the Human Rights Act 1998 remained in force. Reviews the facts of Miller, and evaluat...
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| Format: | Journal article |
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Sweet and Maxwell
2017
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| Summary: | Considers, in light of the ruling in R. (on the application of Miller) v Secretary of State for Exiting the European Union (SC), whether the royal prerogative could be invoked to withdraw the UK from the ECHR while the Human Rights Act 1998 remained in force. Reviews the facts of Miller, and evaluates the conflicting dependence and bifurcation arguments on whether the provisions of the 1998 Act could operate as free-standing measures. |
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