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.
|Number of pages||25|
|Publication status||Published - 8 Nov 2018|
Bibliographical noteThe acceptance and publication dates for this record are provisional.
Phillipson, G. P., & Young, A. (2018). Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller. Public Law, Nov (Supp), 150-175. http://dro.dur.ac.uk/22841/