Brexit

The Majority Judgment in Miller: Vulnerable but Defensible

The Majority Judgment in Miller: Vulnerable but Defensible

The UK Supreme Court concluded yesterday, by an 8–3 majority, that legislation is needed for Article 50 to be ...
Miller: A Vital Reaffirmation of Parliamentary Sovereignty

Miller: A Vital Reaffirmation of Parliamentary Sovereignty

In a ringing defence of the power of Parliament against the executive, the Supreme Court today held that the ...
What to Expecting When You Are Expecting Brexit?

What to Expecting When You Are Expecting Brexit?

The UK Supreme Court is expected to deliver a decision on the case Miller and Dos Santos vs. Secretary of State ...
Miller in the Supreme Court: The Scottish Case

Miller in the Supreme Court: The Scottish Case

In the Miller case, the High Court determined that the UK Government may not trigger Article 50 by use of the ...
Miller: Rights and Revocability

Miller: Rights and Revocability

There has been much discussion as to whether Article 50 once triggered is revocable. There is no intention to ...
Miller: Alternative Syllogisms

Miller: Alternative Syllogisms

Professor Finnis posed a powerful challenge to the Miller decision by contending that the claimant’s argument was ...
R (Miller) v The Secretary of State for Exiting the European Union – Substance over Form?

R (Miller) v The Secretary of State for Exiting the European Union – Substance over Form?

In a ground-breaking decision, the High Court issued a declaratory order that ‘the Secretary of State does not ...
EU Rights as British Rights

EU Rights as British Rights

According to a carefully argued contribution by Professor Finnis in the Miller debate, rights under the European ...
The Least Dangerous Branch: Whose Role is it to Protect Parliamentary Sovereignty? Miller and the Human Rights Implications of Brexit

The Least Dangerous Branch: Whose Role is it to Protect Parliamentary Sovereignty? Miller and the Human Rights Implications of Brexit

One of the extraordinary outcomes of the Brexit referendum has been the insistence that the Government is entitled ...
Miller: Winning Battles and Losing Wars

Miller: Winning Battles and Losing Wars

The claimants in Miller won the first round of the legal battle, since the High Court concluded that Parliament’s ...
A First Take on Miller – with a Note on the Human Rights Perspective

A First Take on Miller – with a Note on the Human Rights Perspective

The High Court today handed down its decision in Miller v Secretary of State for Exiting the European Union.  As ...
Brexit: Foundational Constitutional and Interpretive Principles: II

Brexit: Foundational Constitutional and Interpretive Principles: II

This should be read with the previous posting. They are both designed to reveal underlying issues of ...

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