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"Following an election manifesto pledge, the newly-appointed UK…
"Following an election manifesto pledge, the newly-appointed UK government intends to adopt a UK Bill of Rights. Before the introduction of this Bill, the government plans to withdraw the UK from the European Convention on Human Rights.”
Critically discuss whether the government has the legal authority under the UK constitution to withdraw the UK from the ECHR using only the prerogative powers of the Crown.
Miller
section 2 of ECA authorises a dynamic process by which EU law becomes a source of UK law and takes precedence over all domestic sources of UK law, including statutes
as long as the ECA remains in force its effect is to constitute EU law as an independent and overriding source of domestic law
withdrawal makes a fundamental change to the UK's constitutional arrangements, by cutting off the source of EU law
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Rule of Law
the strengthening of the role of the courts (EU law / factor tame, HRA s.3 s.4) leads to the strengthening of the principle of the Rule of Law
so qualifications of the principle of parliamentary sovereignty ultimately strengthen the principle of the rule of law
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