Brexit Editorial

European Public Law is an English language journal edited at the Institute of European Public Law at the Law School, Hull University. A forum for the discussion of issues in the development of public law, the journal traces the public law of the Member States as it is shaped by the law of the European Union as well as by the Council of Europe’s European Convention on Human Rights.

European Public Law provides a detailed analysis of constitutional and administrative law at a crucial stage of European integration and legal development. In its articles, authorities in the field investigate the extent to which the separate systems of public law in each Member State are, notwithstanding their distinct historical and cultural backgrounds, developing a European Public Law in tandem with the law of the European Union Treaty. The journal also examines the public law systems of new Member States.

Without neglecting the more traditional concerns of constitutional and administrative law, the journal explores the emerging constitution of the European Union and the interplay between law and politics. It is concerned with the identification, examination and control of public power as public and private become ever more intertwined. Public law is given a wide interpretation, including the structure of government, judicial review, the conduct of regulatory bodies, redress of grievance through ombudsmen and administrative bodies, protection of human rights and protection against discrimination, openness and transparency, fiscal and monetary policy, and the role of regulation in the contemporary state and the European Union.

In short, the journal embraces the operation and control of government and government agencies, regulation of economic and commercial affairs and relationships between the state and individuals.Miller has fomented more controversy and public debate than any other constitutional case in our living legal history. The case sets the courts at the heart of our constitution confirming the justiciability of the common law consti- tution. For some the case was a vindication of the rule of law and Parliamentary sovereignty. For others, it set the judges up as ‘enemies of the people’ as the Daily Mail protested in its headline the day after judgment. The judges, it was claimed, were seeking to subvert the will of the people to leave the EU as expressed in the referendum decision of 23 June 2017.

• Primary Source

ESO: Background information: Article 50 'Brexit' Appeal. R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references, 5-8 December 2016. Ruling, 24 January 2017 http://www.europeansources.info/record/article-50-brexit-appeal-r-on-the-application-of-miller-and-dos-santos-v-secretary-of-state-for-exiting-the-european-union-and-associated-references-5-8-december-2016-ruling-24-january-2017/

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

---