Christopher McCrudden and Daniel Halberstam: Northern Ireland’s Supreme Court Brexit Problem (and the UK’s too)

UK Constitutional Law Association

There are many unfortunate results of Brexit, but one of the most problematic is the adverse effects it has had on current and future relationships between Britain and Ireland, and within Northern Ireland. These adverse effects were entirely predictable and show little sign of abating, significantly contributing to the difficulties the UK government faces in unblocking the stalled negotiations.

In the story of what contributed to this deterioration, the UK Supreme Court’s failure to address head-on the adverse implications of triggering Brexit for devolution and the Belfast-Good Friday Agreement in the Miller case has attracted little comment in Britain, but is nevertheless of critical importance.

Just to remind you, the Miller case, brought by Gina Miller and other claimants, and decided by the Supreme Court in January 2017, considered the legality under UK law of the use of the royal prerogative to trigger Article 50 of the European Union and…

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About Jim Rose

Utopia - you are standing in it promotes a classical liberal view of the world and champion the mass flourishing of humanity through capitalism and the rule of law. The origin of the blog is explained in the first blog post at https://utopiayouarestandinginit.wordpress.com/2014/03/12/why-call-my-blog-utopia-you-are-standing-in-it/

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