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Category Archive: Europe

Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters

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In the Miller case the High Court of England and Wales did not question the parties’ common understanding […]

Constitutional Law Group November 29, 2016 Europe, European Union, International law, UK government, UK Parliament

Gavin Phillipson: The Miller Case, Part 1: A Response to Some Criticisms

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Introduction The resounding defeat for the Government in Miller v Secretary of State has already produced a huge […]

Constitutional Law Group November 25, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Jeff King and Nick Barber: In Defence of Miller

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Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some […]

Constitutional Law Group November 22, 2016 Europe, European Union, Judicial review, Judiciary, Northern Ireland, UK government, UK Parliament

Mikolaj Barczentewicz: Consequences of the High Court’s Reasoning in the Article 50 Judgment: EU Law-making Unlawful

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Introduction In its judgment in Miller (the Article 50 litigation), the High Court had no doubts that it […]

Constitutional Law Group November 18, 2016 Europe, European Union, Human rights, Judicial review, UK government, UK Parliament

Francesco de Cecco: Miller, Article 50 Revocability and the Question of Control

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The parties in the High Court judgement in Miller took it as a given that the notification made […]

Constitutional Law Group November 17, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Aris Georgopoulos: (Un)Crossing the Rubicon: Why the Supreme Court Should Not Refer a Question Regarding the Revocability of Article 50 to the ECJ

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On 3 November the High Court issued its long awaited judgement in R (Miller) v Secretary of State […]

Constitutional Law Group November 17, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Ewan Smith: Treaty Rights in Miller and Dos Santos v. Secretary of State for Leaving the European Union

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Miller & Dos Santos v. Secretary of State for Leaving the European Union [2016] EWHC 2768 (Admin) is […]

Constitutional Law Group November 16, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Robert Craig: The Abeyance Principle and the Frustration Principle

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Introduction I have argued on this blog and in the Modern Law Review (MLR) (forthcoming, November edition – […]

Constitutional Law Group November 16, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Ronan McCrea: Arguing that Article 50 Notification Is Reversible Involves Risks for the Government

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Well-placed sources have reported to the Guardian that the Government’s lawyers will argue before the Supreme Court that […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Sir Jeffrey Jowell QC and Naina Patel: Miller Is Right

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Even those of us who question the notion of absolute parliamentary sovereignty (eg. whether it should trump the […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

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