Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis
The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan … Continue reading
Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law
The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual framework for European law. I will focus first on Lord Reed’s dissent. … Continue reading
Angela Patrick: Blushes and Torture: Act of State Doctrine and Justiciability
In a week when Supreme Court watchers expected to dissect the Brexit judgment, the Justices instead handed down their long awaited decision in the joined cases of Belhaj & Ors … Continue reading
Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller
The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept … Continue reading
Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy
The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations … Continue reading
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 3
Introduction This post aims to summarise the highlights of the Supreme Court (SC) hearing on Day 3 (7 December 2016) of the hearings in the Miller v Secretary of State … Continue reading
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 2
Introduction This post aims to summarise the highlights of the Supreme Court hearing on 6 December 2016. As mentioned yesterday, as with the reports on the High Court, this report … Continue reading
