Miller, the European Union Withdrawal Bill, and the Non-explanatory Notes
In her blog posting of January 24th 2017 about the decision of the Supreme Court in the Miller case, Professor Sandra Fredman very rightly observed that:- ‘One of the most...
United Kingdom
What kind of extremist will you be?
The UK Government’s procedure for identifying ‘dangerous extremists’ has come under legal scrutiny (at long last) in a High Court test case. The litigation was brought by Mr. Salman Butt,...
UK Supreme Court Rules in Brexit Case
On 24 January 2017, the UK Supreme Court ruled in the case Miller and Dos Santos vs. Secretary of State for Exiting the European Union. The Court decided that the...
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 triggered – for the UK to exit the European Union. All...
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 decision to trigger the process of leaving the EU cannot be...
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 for Exiting the European Union on January 24th. The...
Work of Oxford Pro Bono Publico for UN Working Group on Arbitrary Detention receives Supreme Court backing
After a record long gestation period the Supreme Court today handed down its judgment in Belhaj v Jack Straw & Sir Mark Allen and Rahmatullah (No 1) v Ministry of...
A and B v Secretary of State for Health: a step in the right direction?
On the 2 of November 2016 the UK Supreme Court considered the case of A (by her litigation friend B) and B v Secretary of State for Health. By way...
The Court of Appeal in Northern Ireland on sexual orientation discrimination – justice served?
The facts of Ashers have been set out on this Blog previously, so only a brief recap is necessary here. The respondent was a gay man who ordered a cake...
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 prerogative alone. Parliamentary authorisation must be obtained, apparently through...
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...
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...
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