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Prerogative and Brexit
Jelínek, Filip ; Kindlová, Miluše (referee)
The thesis deals with prerogative powers and their role in the withdrawal of the United Kingdom from the European Union. It explains the meaning of the prerogative, shows how British courts employed it in Miller I and Miller II decisions, and outlines their effects on it. The first part of the thesis explains the concept of prerogative. Firstly, it analyses concept's theoretical background in early modern constitutional thought and its conceptualization in the work of John Locke. Secondly, it explains the role of royal prerogative after the Glorious Revolution, as described by William Blackstone and Albert Venn Dicey, and its current position in the constitutional system of the United Kingdom. Furthermore, it introduces a general distinction between two conceptions of prerogative powers - the political (non-legal) one and the legal one - and outlines the relationship between the British royal prerogative, law, Parliament, and courts. The second part of the thesis deals with a case study of judicial decisions pertaining to the process of withdrawal of the United Kingdom from the European Union. Specifically, the Miller I case, which addressed the existence of prerogative power to notify the intent to withdraw from the European Union (under Article 50 TEU), and the Miller II case concerning the...
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Prerogative and Brexit
Jelínek, Filip ; Kysela, Jan (advisor) ; Wintr, Jan (referee)
The thesis deals with prerogative powers and their role in the withdrawal of the United Kingdom from the European Union. It explains the meaning of the prerogative, shows how British courts employed it in Miller I and Miller II decisions, and outlines their effects on it. The first part of the thesis explains the concept of prerogative. Firstly, it analyses concept's theoretical background in early modern constitutional thought and its conceptualization in the work of John Locke. Secondly, it explains the role of royal prerogative after the Glorious Revolution, as described by William Blackstone and Albert Venn Dicey, and its current position in the constitutional system of the United Kingdom. Furthermore, it introduces a general distinction between two conceptions of prerogative powers - the political (non-legal) one and the legal one - and outlines the relationship between the British royal prerogative, law, Parliament, and courts. The second part of the thesis deals with a case study of judicial decisions pertaining to the process of withdrawal of the United Kingdom from the European Union. Specifically, the Miller I case, which addressed the existence of prerogative power to notify the intent to withdraw from the European Union (under Article 50 TEU), and the Miller II case concerning the...
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