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Brexit and Parliamentary Sovereignty
Author(s) -
Ewing Keith
Publication year - 2017
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12281
Subject(s) - prerogative , brexit , parliament , sovereignty , parliamentary sovereignty , devolution (biology) , political science , referendum , law , veto , argument (complex analysis) , state (computer science) , european union , law and economics , parliamentary procedure , popular sovereignty , government (linguistics) , sociology , economics , philosophy , politics , biochemistry , chemistry , linguistics , algorithm , anthropology , computer science , economic policy , human evolution
This note addresses the implications of R (Miller) v Secretary of State for Exiting the European Union for the legal principle of parliamentary sovereignty, and argues that the strong restatement of the latter is the most significant feature of the decision. The aim here is to show how traditional principle in the Dicey tradition has been strongly applied against the competing claims of EU law, the royal prerogative, the referendum and devolution. However, the note also argues that the claims relating to parliamentary sovereignty could have produced a different result and that the most compelling feature of the case was the argument that was not forcefully put by the Government, namely that Parliament had already provided sufficient authority for the triggering of Article 50.