Murkens, Jo Eric Khushal 
ORCID: 0000-0001-8897-8860
(2017)
Mixed messages in bottles: the European Union, devolution, and the future of the constitution.
Modern Law Review, 80 (4).
pp. 685-696.
ISSN 0026-7961
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Abstract
An unprecedented eleven-member UK Supreme Court decided R (Miller) v Secretary of State for Exiting the European Union on 24 January 2017. The Government’s argument, that it could start the process of withdrawing from the EU using a prerogative power instead of an Act of Parliament, was comprehensively defeated by an 8:3 majority. However, the Government also secured a unanimous verdict that it did not need the consent from the devolved legislatures in Scotland, Wales, and Northern Ireland before invoking Article 50 of the TEU. I explore the judicial argumentation in light of Philip Bobbitt’s six modalities of constitutional argument, five of which feature, and one of which ought to have featured, in this seminal case.
| Item Type: | Article |
|---|---|
| Official URL: | http://www.modernlawreview.co.uk/ |
| Additional Information: | © 2017 The Author. The Modern Law Review © 2017 The Modern Law Review Limited |
| Divisions: | Law |
| Subjects: | J Political Science > JN Political institutions (Europe) K Law > K Law (General) |
| Date Deposited: | 17 Aug 2017 09:53 |
| Last Modified: | 12 Dec 2024 01:32 |
| URI: | http://eprints.lse.ac.uk/id/eprint/83785 |
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