Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine? – UK Constitutional Law Association
‘In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” [Paragraph 65] may well have caused a constitutional storm. In the current unprecedented tempest of Brexit, however, Lord Neuberger’s announcement of this statement passed as little more than a side-wind. This short post will briefly turn the magnifying glass on this judicial formulation, which will be labelled the “conditional primacy” of EU law within the United Kingdom’s domestic constitutional order.
UK Constitutional Law Association, January 2017
Source: www.ukconstitutionallaw.org
