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

Phillipson, Gavin; Young, Alison

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

Phillipson, Gavin; Young, Alison

Authors

Gavin Phillipson

Alison Young

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.

Citation

Phillipson, G., & Young, A. (2017). Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller. Public Law, 2017(Nov Supp), 150-175

Journal Article Type	Article
Acceptance Date	Aug 24, 2017
Online Publication Date	Nov 8, 2017
Publication Date	Nov 8, 2017
Deposit Date	Sep 8, 2017
Publicly Available Date	Nov 8, 2018
Journal	Public Law
Print ISSN	0033-3565
Publisher	Sweet and Maxwell
Peer Reviewed	Peer Reviewed
Volume	2017
Issue	Nov Supp
Pages	150-175
Publisher URL	http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=469

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Publisher Licence URL
http://creativecommons.org/licenses/by-nc/4.0/

Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in Public Law following peer review. The definitive published version Phillipson, Gavin & Young, Alison (2017). Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller. Public Law 2017(Nov Supp Brexit Special Extra Issue 2017): 150-175 is available online on Westlaw UK or from Thomson Reuters DocDel service.