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...
United Kingdom
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...
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...
Worker Status for App-Drivers: Uber-rated?
In what has been heralded as the ‘employment case of the year’, the Central London employment tribunal has ruled that Uber drivers are workers within s.230(3)(b) of the Employment Rights...
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...
An English Duty to Have ‘Due Regard’ – An Effective Means of Upholding Children’s Rights?
In its Third Report of Session 2016–17, scrutinising the Children and Social Work Bill, the Joint Committee on Human Rights recommends the introduction in England of a duty on public...
Having Regard to the UN Convention on the Rights of the Child
The Third Report of the Joint Committee on Human Rights for the Session 2016-7 has recommended the inclusion of a clause in the Children and Social Work Bill which would...
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