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

Research output: Contribution to journalSpecial issue

Original languageEnglish
Pages (from-to)150-175
Number of pages25
JournalPublic Law
VolumeNov (Supp)
DateAccepted/In press - 12 Sep 2017
DatePublished (current) - 8 Nov 2018

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.

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