What was the result of the 2016 EU referendum?
51.9% voted to leave the European Union.
What constitutional principle was challenged by the Brexit process?
Parliamentary Sovereignty – particularly in relation to executive power and international treaties.
What did the Supreme Court decide in Miller I (2017)?
That the government could not trigger Article 50 TEU without an Act of Parliament.
What did the Supreme Court decide in Miller II / Cherry (2019)?
That the Prime Minister’s advice to prorogue Parliament was unlawful.
What is the significance of Miller I?
It reaffirmed that only Parliament can change domestic law and withdraw rights.
What is the significance of Miller II?
It confirmed that the courts can review the use of prerogative powers when constitutional principles are at stake.
How did Brexit affect devolution?
It created tensions as devolved governments (e.g., Scotland) opposed Brexit and felt ignored in the process.
What role did the Sewel Convention play during Brexit?
It was politically but not legally binding; Westminster legislated without devolved consent.
How did Brexit test the rule of law?
It raised questions about legal certainty, the limits of executive power, and judicial independence.
What was the European Union (Withdrawal) Act 2018?
The Act that repealed the ECA 1972 and retained relevant EU law in domestic legislation.
What is “retained EU law”?
EU law that continues to apply in the UK after Brexit unless changed or repealed.
How did the courts contribute to constitutional clarity during Brexit?
By reaffirming the legal limits of executive power and the supremacy of Parliament.
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