“Serial Miller”. Revival della prerogativa, sovranità parlamentare, Corte Suprema (ed esigenze di codificazione costituzionale?) nel Regno Unito della Brexit: riflessioni sparse.

“Serial Miller”. Revival of the prerogative, parliamentary sovereignty, Supreme Court (and the need of a constitutional codification?) in the Brexited United Kingom. Some reflections.

Abstract

The aim of the essay is not to comment indeed the Prime Minister’s activity at the ending of the Brexit affair and of the “no deal” visceral campaign of a huge part of the conservative party, but rather to assess how far the Royal Prerogative might really be a significant part of the Executive’s commitment to the implementation of the British withdrawal from the EU. The reflection on the inherent, non-statutory powers that the Prime Minister is committed to carry on in order to subvert the Parliament’ opposi-tion is worth of a serious review in order to see how far the traditional “unwritten constitution” can actually work, and whether some further codification of constitutional non statu-tory rules, most of which fall under the very governmental power, would prevent a disestablishment of the institutional order coming from the senseless policy of a patrol of hard brex-iteers supporting the sacredness of the popular referendum in opposition to the representa-tive democracy. Will the UK Supreme Court, eventually acting as a powerful constitutional arbitrator, successfully defend the sovereignty of Parliament and the balance of working conventions within the chaotic landscape of the Brexit?

Keywords: Prerogative; Sovereignty; UK Supreme Court; Brexit; Miller decisions.