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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

R (on the Application of Miller and Another) v Secretary of State for Exiting the European Union Case (UK)

United Kingdom [gb]

Stephanie Palmer

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
September 2023

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Unwritten constitutions — Common law — Executive power — Representative democracy

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 In a national referendum in June 2016, the United Kingdom (UK) population voted by a narrow majority to leave the European Union (EU). The campaign to leave, and subsequent process of withdrawing from, the EU has come to be known as ‘Brexit’. The procedure for a Member State to leave the EU is set out in Article 50 of the Treaty on European Union (‘TEU’). The specific requirements for withdrawal are not dictated by the EU and must be located in UK constitutional law. The then-UK Prime Minister Theresa May claimed that triggering Article 50 should be a matter for...
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