Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-25T13:23:29.830Z Has data issue: false hasContentIssue false

14 - Constitutional Identity in the United Kingdom

An Evolving Concept

from Part II - Constitutional Identity and Its Member State Law Dimension

Published online by Cambridge University Press:  03 October 2019

Christian Calliess
Affiliation:
Freie Universität Berlin
Gerhard van der Schyff
Affiliation:
Universiteit van Tilburg, The Netherlands
Get access

Summary

This chapter considers the idea of constitutional identity as it pertains to the UK, viewed from the perspective of EU-UK relations. The analysis begins by consideration of the conceptual frame within which the relationship between UK and EU law evolved, and more especially the way in which supremacy was conceived in EU law and UK law, respectively. The discussion thereafter shifts to a more general consideration of the idea of constitutional identity in the UK. While the language of constitutional identity is not commonly used in judicial discourse, there are nonetheless a number of precepts that are central to the identity of the UK constitutional order. These include parliamentary sovereignty, constitutional statutes and the principle of legality, the rule of law, and devolution. The analysis then shifts to the consequences of a clash between EU law and UK law that impacts on one of the preceding UK constitutional precepts. These consequences may be interpretive or substantive in nature, and they are examined in turn. Brexit, however, means that it is unlikely that the issues raised in the last section of the chapter will be tested.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×