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Category Archive: Judiciary

Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50

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One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue […]

Constitutional Law Group November 11, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’

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That was Gina Miller’s evocative phrase for the power of the Crown when she was interviewed on Radio […]

Constitutional Law Group November 11, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Albert Weale: The Constitution of Democracy and the Pretensions of the Plebiscite

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When the UK’s High Court rendered its decision on whether the government could trigger Article 50 of the […]

Constitutional Law Group November 10, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Paul O’Connell and Nimer Sultany: Miller and the Politics of the Judiciary

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One of the most striking things in immediate reactions to the High Court judgment in Miller is that […]

Constitutional Law Group November 10, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Joe Tomlinson, Jake Rylatt and Duncan Fairgrieve: And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case

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Santos and M v Secretary of State for Exiting The European Union, the “Brexit” case regarding the interpretation […]

Constitutional Law Group November 9, 2016 Europe, European Union, Judicial review, Judiciary

Alison Young: R (Miller) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin): Constitutional Adjudication – Reality over Legality?

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In a ground-breaking decision, the High Court in Miller issued a declaratory order that ‘the Secretary of State […]

Constitutional Law Group November 9, 2016 Constitutional change, Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

John Adenitire: Exiting the EU Constitutionally

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In Miller v Secretary of State [2016], the High Court held that the Government cannot use its prerogative […]

Constitutional Law Group November 9, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Nick Barber and Jeff King: Responding to Miller

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The most surprising thing about the decision in R (Miller) v Secretary of State for Exiting the European […]

Constitutional Law Group November 7, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Mark Elliott and Hayley J. Hooper: Critical reflections on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union

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The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] […]

Constitutional Law Group November 7, 2016 Administrative law, Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Stefan Theil: A union of states, constitutions, administrations and judiciaries: some initial thoughts on the OMT ruling of the German Constitutional Court

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In the midst of the all-consuming Brexit Referendum Debate, and the unfortunate vote by the United Kingdom to […]

Constitutional Law Group July 20, 2016 Comparative law, European Central Bank, European Union, Germany, International law, Judiciary

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