Brexit and Human Rights
Author | |
DOI | 10.3366/elr.2018.0463 |
Published date | 01 January 2018 |
Date | 01 January 2018 |
Pages | 126-132 |
Rights protection in the UK is multi-faceted and multi-layered.
Here, I will tentatively sketch what might be at stake for fundamental rights in Scots law where one layer of protection is removed (part D) after first outlining the ways in which those rights are protected in EU law (part B) and the effect on those protections of the European Union (Withdrawal) Bill 2017 (“Withdrawal Bill”), as introduced (part C).
There was no explicit reference to fundamental rights in the European Communities’ founding treaties. Nevertheless, protection of fundamental rights as a general principle of EU law began to emerge in the European Court of Justice's (“ECJ”) jurisprudence during the 1970s. Initially the ECJ had been resistant to arguments from fundamental rights, concerned that the unique quality of the European project as set out in
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