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Category Archive: European Union

Michael Detmold: The Unconstitutional Brexit Letter

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1. Responsible Government Parliament is an institution of responsible government.  The essence of the common law principle of […]

Constitutional Law Group September 20, 2019 European Union, UK government, UK Parliament

Alexandra Sinclair and Joe Tomlinson: Eliminating Effective Scrutiny: Prorogation, No Deal Brexit, and Statutory Instruments (Part 2)

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Last week, we posted an analysis of the position vis-à-vis Brexit legislation, both primary and delegated, in view […]

Constitutional Law Group September 17, 2019 European Union, UK government, UK Parliament

Yossi Nehushtan: Prorogation and Justiciability

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The question of justiciability lies at the heart of the judicial response to the legal challenges that were […]

Constitutional Law Group September 16, 2019 European Union, Judicial review, UK government, UK Parliament

Dean Knight: Reasoning Through Challenges to Prorogation: Cherry and Miller (No 2)

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The challenges to the prime minister’s request to the Queen to prorogue Parliament in the face of the […]

Constitutional Law Group September 16, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Hasan Dindjer: Prorogation as a Breach of Parliamentary Sovereignty

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Does proroguing Parliament under the present circumstances breach the principle of parliamentary sovereignty? The Divisional Court in Miller […]

Constitutional Law Group September 16, 2019 European Union, Judicial review, UK government, UK Parliament

Hayley J. Hooper: Keeping the Lights On: Contrasting Miller v Prime Minister and Cherry v The Advocate General

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If the phrase “may you live in interesting times” actually has its roots in a curse, then, we […]

Constitutional Law Group September 16, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Ewan McGaughey: Is There a ‘Legal Measure’ to Judge Parliament’s Prorogration?

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A central theme of the High Court judgment in Miller v Prime Minister  is that there is ‘no […]

Constitutional Law Group September 14, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Timothy Endicott: Don’t Panic

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The brilliant accident of our form of constitutionalism is not just that the executive came to be accountable […]

Constitutional Law Group September 13, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes

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In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and […]

Constitutional Law Group September 13, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Oliver Garner: The Benn-Burt Extension Act: A roadblock to a No-deal Brexit?

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Introduction: extension and the Rule of Law On 9 September, the EU (Withdrawal) (No.2) Act 2019 (‘Benn-Burt Extension […]

Constitutional Law Group September 13, 2019 European Union, UK government, UK Parliament

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