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Brexit is happening, but the constitution is saved

The two Gina Miller cases ensured constitutional principle was upheld

By David Allen Green   March 2020

Photo: SOPA Images/SIPA USA/PA Images

Between the 2016 referendum and the general election of December 2019, there was a fundamental tension in the UK constitution between political legitimacy and legal sovereignty. And it was thanks largely to the two Supreme Court cases brought by Gina Miller and others that this tension did not harden into a contradiction.

After the referendum you had on the one hand a narrow…

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