Miller: Rights and Revocability
There has been much discussion as to whether Article 50 once triggered is revocable. There is no intention to revisit the contending arguments here, save to say that the ultimate...
Constitutions and Human Rights
Miller: Alternative Syllogisms
Professor Finnis posed a powerful challenge to the Miller decision by contending that the claimant’s argument was based on the following syllogistic fallacy. (1) Statutory rights enacted by Parliament cannot...
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 have power under the Crown’s prerogative to give notice pursuant to Article...
EU Rights as British Rights
According to a carefully argued contribution by Professor Finnis in the Miller debate, rights under the European Communities Act 1972 ‘are not “statutory rights enacted by Parliament”’; they are only...
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 to exercise its powers in relation to the Brexit process without involving...
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 approval had to be forthcoming before Article 50 could be triggered....
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 has now been widely reported, the High Court found that...
Brexit: Foundational Constitutional and Interpretive Principles: I
The post-referendum discourse has been marked by vibrant political and legal exchange in Parliament and the courts. This is not the place for detailed engagement with all such arguments, nor...
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 jurisdiction and the correct approach to public law litigation, can be found here....
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 Article 50 of the Treaty on the European Union...
Did Brexit Save the HRA 1998?
Perhaps it is time to begin looking for silver linings, as opposed to fantastic judicial interventions. On this blog in March I wrote that a remain vote in the referendum...
A Whitened White Paper on Human Rights
The Chinese government claims to have made stunning progress in improving the human rights situation in the country through reforming its judicial system. But its new White Paper titled “New...
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