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The UK Constitution after Miller

Brexit and Beyond

Editor(s): Mark Elliott, Jack Williams, Alison L Young
Media of The UK Constitution after Miller
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Published: 26-11-2020
Format: Paperback
Edition: 1st
Extent: 328
ISBN: 9781509943722
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £39.99
Online price : £35.99
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Loren Epson

About The UK Constitution after Miller

The judgment of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of fundamental legal, constitutional and political significance. The Supreme Court's judgment discussed the relative powers of Parliament and the Government, the relationship between Westminster and the devolved legislatures, and the extent to which the UK's membership of the EU had changed the UK constitution, both prior to and even after departure. It also provided further evidence of the emerging role of the UK's Supreme Court as a constitutional court, despite the lack of a codified constitution in the UK.

This edited collection critically evaluates the decision in Miller, providing a detailed analysis of the reasoning in the judgment and its longer-term consequences for the UK constitution through the period of Brexit and beyond. The case is used as a lens through which to evaluate the modern UK constitution and its potential future evolution. Whatever form Brexit may eventually take, the impact that EU membership and the triggering of Brexit has already had on the UK's constitutional settlement is profound. The book will be of great value to anyone interested in the effect of the Miller case and Brexit on the UK's constitution.

Table Of Contents

1. The Miller Tale: An Introduction
Mark Elliott, Jack Williams and Alison L Young
2. Prerogative Powers After Miller: An Analysis in Four E's
Jack Williams
3. Miller and the Prerogative
Anne Twomey
4. Miller, Treaty Making and the Rights of Subjects
Eirik Bjorge
5. Miller, EU Law and the UK
Paul Craig
6. Of Power Cables and Bridges: Individual Rights and Retrospectivity in Miller and Beyond
David Howarth
7. Constitutional Change and Territorial Consent: The Miller Case and the Sewel Convention
Aileen McHarg
8. Sovereignty, Consent and Constitutions: The Northern Ireland References
Gordon Anthony
9. The Miller Case and Constitutional Statutes
Sir John Laws
10. Sovereignty, Primacy and the Common Law Constitution: What Has EU Membership Taught Us?
Mark Elliott
11. Miller, Constitutional Realism and the Politics of Brexit
Richard Ekins and Graham Gee
12. Miller and the Future of Constitutional Adjudication
Alison L Young

Reviews

“The largest compliment which this book can be paid is that it takes a case which was surrounded by partisan, and at times hysterical, arguments from both sides of the Brexit debate and has subjected the decision to rigorous, scholarly analysis. Every contribution to this book makes a significant entry into the academic discourse and I have no doubt that many of the essays will be subject to scrutiny and debate for many years to come.” –  David Blair, Anderson Strathern, Edinburgh Law Review

“As Brexit continues to unfold in 2019, the various chapters in this volume will be good resources for those who wish to gain a greater understanding of the constitutional ramifications of the UK leaving the EU, and the ongoing development of the UK Supreme Court.” –  Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity, I•CONnect

“Through twelve carefully put together contributions by pre-eminent figures in the UK constitutional landscape, The UK Constitution After Miller effectively tackles all different facets of the judgment.” –  Eleni Frantziou, Common Market Law Review

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