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Author: Constitutional Law Group

Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine?

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In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment […]

Constitutional Law Group January 31, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

Philip Allott: The Short Title of the European Union (Notification of Withdrawal) Bill Is Incorrect

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The Short Title of the European Union (Notification of Withdrawal) Bill is incorrect. The notification is not of […]

Constitutional Law Group January 30, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

Pavlos Eleftheriadis: The Systematic Constitution

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The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. […]

Constitutional Law Group January 30, 2017 Constitutional change, Europe, European Union, Judicial review, UK government, UK Parliament

Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law

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The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual […]

Constitutional Law Group January 30, 2017 Europe, European Union, International law, Judicial review, UK government, UK Parliament

Hasan Dindjer: Sources of Law and Fundamental Constitutional Change

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The majority’s reasoning in Miller may appear to turn on the proposition that the European Communities Act 1972 […]

Constitutional Law Group January 27, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

David Howarth: The Government’s Fatal Concession in Miller

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After days of oral argument, lorry-loads of authorities and a 96 page judgment, one question still bothers me. […]

Constitutional Law Group January 27, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

Timothy Endicott: A Treaty of Paramount Importance

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Cross-posted with the Judicial Power Project. The reasoning of the majority of the UK Supreme Court in Miller‘s […]

Constitutional Law Group January 26, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

Paul Reid: Time to Give the Sewel Convention Some (Political) Bite?

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Constitutional conventions are, the Supreme Court has confirmed, just that: conventions. The courts are “neither the parents nor […]

Constitutional Law Group January 26, 2017 Devolution, Europe, European Union, Judicial review, Scotland, UK government, UK Parliament

Robert Craig: Miller Supreme Court Case Summary

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R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European […]

Constitutional Law Group January 26, 2017 Devolution, Europe, European Union, Judicial review, Northern Ireland, Scotland, UK government, UK Parliament, Wales

Jack Williams: The Supreme Court’s Approach to Prerogative Powers in Miller: An Analysis of Four E’s

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Three initial observations can be made about the Supreme Court’s analytical approach to prerogative powers in the Miller […]

Constitutional Law Group January 25, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

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