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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.
Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Department:
Hertford College
Role:
Author
Publisher:
Sweet and Maxwell Publisher's website
Journal:
Public Law Journal website
Volume:
2017
Issue:
Brexit Special Extra Issue 2017
Pages:
150-175
Publication date:
2017-11-30
Acceptance date:
2017-09-04
ISSN:
0033-3565
Pubs id:
pubs:725556
URN:
uri:d7fc48b4-9a2a-40c5-b418-27056940de40
UUID:
uuid:d7fc48b4-9a2a-40c5-b418-27056940de40
Local pid:
pubs:725556
Paper number:
Brexit Special Extra Issue 2017

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