The article aims to test whether and how much the recent jurisprudence on the Brexit issue has helped to clarify the Supreme Court’s role as a constitutional judge. His nature as an arbiter of constitutional conflicts has found a valuable opportunity to be highlighted. Brexit has triggered several complex constitutional issues regarding the form of State and form of government that the UKSC has faced with great depth of analysis, but paying attention not to get out of its sphere of competence and not to risk invading the ground of political choices. The article analyses and comments on the highlights of this judgements, trying to draw a systematic view of the role of the Supreme Court in the British Constitution
Martinelli, C. (2020). The supreme court constitutional role in the light of brexit jurisprudence [Il ruolo costituzionale della corte suprema alla luce della giurisprudenza sulla brexit]. MATERIALI PER UNA STORIA DELLA CULTURA GIURIDICA, 50(1), 89-108 [10.1436/96625].
The supreme court constitutional role in the light of brexit jurisprudence [Il ruolo costituzionale della corte suprema alla luce della giurisprudenza sulla brexit]
Martinelli, C
2020
Abstract
The article aims to test whether and how much the recent jurisprudence on the Brexit issue has helped to clarify the Supreme Court’s role as a constitutional judge. His nature as an arbiter of constitutional conflicts has found a valuable opportunity to be highlighted. Brexit has triggered several complex constitutional issues regarding the form of State and form of government that the UKSC has faced with great depth of analysis, but paying attention not to get out of its sphere of competence and not to risk invading the ground of political choices. The article analyses and comments on the highlights of this judgements, trying to draw a systematic view of the role of the Supreme Court in the British Constitution
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