Mixed Messages in Bottles
The European Union, Devolution, and the Future of the Constitution
Bibliographic Data
| ID | 9195026 |
|---|---|
| Authors | Jo Eric Khushal Murkens (0000-0001-8897-8860, Vesuvius (United Kingdom), corresponding author) |
| Year | 2017 |
| Volume | 80 |
| Issue | 4 |
| Pages | 685-696 |
| Publication date | 2017-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12279 |
| OpenAlex | W2736181717 |
| Language | EN |
| Citations received | 1 |
An unprecedented eleven‐member UK Supreme Court decided R (Miller) v Secretary of State for Exiting the European Union on 24 January 2017. The Government's argument, that it could start the process of withdrawing from the EU using a prerogative power instead of an Act of Parliament, was comprehensively defeated by an 8:3 majority. However, the Government also secured a unanimous verdict that it did not need the consent from the devolved legislatures in Scotland, Wales, and Northern Ireland before invoking Article 50 of the TEU. I explore the judicial argumentation in light of Philip Bobbitt's six modalities of constitutional argument, five of which feature, and one of which ought to have featured, in this seminal case
Argument (complex analysis) · Constitution · Devolution (biology) · Economics · European union · Government (linguistics) · Legislature · Member state · Member states · Parliament · Political science · Prerogative · Sociology · State (computer science) · Supreme court · Verdict · European and International Law Studies · Judicial and Constitutional Studies · Law · Philosophy
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,2 |
| Citation span | 2021 - 2021 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |