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

Gavin P Phillipson; Alison Young

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

University of Bristol Law School

Research output: Contribution to journal › Article (Academic Journal) › peer-review

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 language	English
Pages (from-to)	150-175
Number of pages	25
Journal	Public Law
Volume	2017
Issue number	Nov Supplement
Publication status	Published - 8 Nov 2018

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The acceptance and publication dates for this record are provisional.

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Professor Gavin P Phillipson
- gavin.phillipsonbristol.acuk
- University of Bristol Law School - Professor of Law
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title = "Would use of the prerogative to denounce the ECHR {"}frustrate{"} the Human Rights Act? Lessons from Miller",

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.",

author = "Phillipson, {Gavin P} and Alison Young",

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T1 - Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller

AU - Phillipson, Gavin P

AU - Young, Alison

N1 - The acceptance and publication dates for this record are provisional.

PY - 2018/11/8

Y1 - 2018/11/8

N2 - 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.

AB - 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.

M3 - Article (Academic Journal)

SN - 0033-3565

VL - 2017

SP - 150

EP - 175

JO - Public Law

JF - Public Law

IS - Nov Supplement

ER -

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

Abstract

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Professor Gavin P Phillipson

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