Brexit, the statute of Westminster 1931 and Zombie Parliamentary Sovereignty

TY - JOUR

T1 - Brexit, the statute of Westminster 1931 and Zombie Parliamentary Sovereignty

AU - Davis, Fergal

PY - 2016/9/1

Y1 - 2016/9/1

N2 - Brexit, we are told, means Brexit.1 And Brexit was about ‘taking back control’.2 While the constitutional settlement which will emerge post-Brexit remains unclear,3 the process does seem to signal a return to a more traditional—less compromised—form of parliamentary sovereignty. But what does a sovereign Parliament at Westminster look like? This article will contend that the sovereignty of the UK Parliament was compromised prior to 1972. Furthermore, any post-Brexit constitutional settlement needs to more fully account for the imbalances which have starkly emerged in the UK Constitution— independently of EU membership—since 1972.

AB - Brexit, we are told, means Brexit.1 And Brexit was about ‘taking back control’.2 While the constitutional settlement which will emerge post-Brexit remains unclear,3 the process does seem to signal a return to a more traditional—less compromised—form of parliamentary sovereignty. But what does a sovereign Parliament at Westminster look like? This article will contend that the sovereignty of the UK Parliament was compromised prior to 1972. Furthermore, any post-Brexit constitutional settlement needs to more fully account for the imbalances which have starkly emerged in the UK Constitution— independently of EU membership—since 1972.

UR - http://www.scopus.com/inward/record.url?scp=85006014389&partnerID=8YFLogxK

U2 - 10.1080/09615768.2016.1253211

DO - 10.1080/09615768.2016.1253211

M3 - Article

AN - SCOPUS:85006014389

SN - 0961-5768

VL - 27

SP - 344

EP - 353

JO - King's Law Journal

JF - King's Law Journal

IS - 3

ER -