A Br-Exit Strategy: Questioning Dualism in the Decision R (Miller) v. The Secretary of State for Exiting the European Union

• Main Authors: Graziella Romeo, Edmondo Mostacci
• Format: Article
• Language: English
• Published: European Papers (www.europeanpapers.eu) 2017-02-01
• Series: European Papers
• Subjects: dualism; monism; art. 50 teu; brexit; uk constitutional law; eu rights
• Online Access: https://www.europeanpapers.eu/en/europeanforum/br-exit-strategy-questioning-dualism-in-the-decision-r-miller-v-the-secretary-of-state
• ISSN: 2499-8249

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 425-433 | European Forum Insight of 9 February 2017 | (Table of Contents) I. Form, substance and EU rights. - II. To be or not to be: questioning dualism. - III. The Court and the dualisms of a separation process. - IV. A fourth category of rights? - V. Concluding remarks. | (Abstract) The authors offer an alternative reading of the judgment R (Miller) v. The Secretary of State for Exiting the European Union focusing on the dualistic v. monistic dichotomy which permeates the High Court's reasoning. The authors argue that the Court strives for rendering a substantive reading of the relationship between the UK and the EU, while at the same time not ignoring the dualistic frame suggested by the Government's position. The overall result is twofold: the legalistic turn of the withdrawal and the UK still stuck at the crossroad between hard and soft Brexit.