Constitutions and Human Rights

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 ...
What Are Human Rights?

What Are Human Rights?

A conversation between Kate O’Regan, Director of the Bonavero Institute of Human Rights at the University of ...
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: I

Brexit: Foundational Constitutional and Interpretive Principles: I

The post-referendum discourse has been marked by vibrant political and legal exchange in Parliament and the ...
Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union (Continued)

Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union (Continued)

Alison Young continues her analysis of the Miller case before the High Court. The first part, concerning ...
Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union

Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union

The High Court in London is currently hearing a challenge to the position of the UK Government that it can trigger ...

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