Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller

Gavin P Phillipson, Alison Young

Research output: Contribution to journalSpecial issue (Academic Journal)

Abstract

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.
Original languageEnglish
Pages (from-to)150-175
Number of pages25
JournalPublic Law
VolumeNov (Supp)
Publication statusPublished - 8 Nov 2018

Bibliographical note

The acceptance and publication dates for this record are provisional.

Fingerprint Dive into the research topics of 'Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller'. Together they form a unique fingerprint.

  • Cite this