After Miller: Legislating for Constitutional and Democratic Legitimacy
In Miller, the Supreme Court ruled by majority that ministers have no prerogative power to invoke article 50(2) of the Treaty on European Union (TEU). The European Communities Act 1972...
The Law Commission’s Consultation on the Protection of Official Data
The recent publication of the Law Commission’s consultation paper The Protection of Official Data has generated a great deal of attention. I welcome the opportunity to provide an overview of...
The EU (Notification of Withdrawal) Bill: Bargaining Chips on the Commons Table
On 8th February, the EU (Notification of Withdrawal) Bill passed Third Reading in the House of Commons, by 494 votes to 122. MPs rejected all amendments to the 133-word Bill....
What’s in a name? The criminal implications of pleasantries
In September a new batch of research assistants started at the Law Commission in London. Having collected them from reception, I brought them over to meet the rest of the...
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...
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...
