Parliament sovereignty

  • Further Considerations on ‘Brexit

    Author: Jakub G. Firlus
    E-mail: jakub.firlus@uj.edu.pl
    Institution: Uniwersytet Jagielloński
    Author: Natalie Fox
    E-mail: natalie.fox@uj.edu.pl
    Institution: Uniwersytet Jagielloński
    Year of publication: 2017
    Source: Show
    Pages: 55-69
    DOI Address: https://doi.org/10.15804/ppk.2017.01.03
    PDF: ppk/35/ppk3503.pdf

    On June 23rd, 2016, the United Kingdom (UK) held an EU-Referendum which resulted in a vote in favor of withdrawing from the European Union (EU). However, in a post-referendum reality, several constitutional issues have become apparent. On one hand, it is not certain whether the Prime Minister, under the royal prerogatives, can trigger Art. 50 of the EU Treaty. On the other hand, the scope of Westminster’s approval must still be determined. It is believed that the judiciary will end up in a constitutional crisis, especially the Supreme Court. At the very least, the suspension of ‘Brexit’ procedures is causing uncertainty on both sides i.e. UK and EU. This paper will pose some of the essential questions being discussed on the eve of the Supreme Court’s decision over ‘Brexit’ in December of 2016/January of 2017.

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