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Category Archive: 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

Alex Peplow: A Curious Jurisdiction – Section 4 of the Judicial Committee Act 1833

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As a bit of light relief from the Brexit furore, I will be considering the jurisdiction conferred on […]

Constitutional Law Group July 15, 2016 Judicial review, Judiciary, Scotland

Jan van Zyl Smit: Judicial appointments in the Commonwealth: Is India bucking the trend?

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In recent years many Commonwealth states have adopted, or at least debated, reforms to their legal frameworks for […]

Constitutional Law Group March 7, 2016 Comparative law, India, Judicial review, Judiciary

Mikolaj Barczentewicz: Limits of the Domestic Judicial Power to Disregard EU Law – Chester in Reverse

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Domestic courts in the United Kingdom have a power (and a duty) to disregard EU law when it […]

Constitutional Law Group February 24, 2016 European Union, Judicial review, Judiciary

Jeff King: On the Proposal for a UK Constitutional Court

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Of all the rushed ideas for major constitutional reform that could be adopted by the current Government, the […]

Constitutional Law Group February 8, 2016 Constitutional reform, Europe, European Union, Judicial review, Judiciary

Merris Amos: Judicial Power and the Article 3 ECHR Real Risk Test: A Comment on Professor Finnis’ Paper

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On 21 October 2015, Professor John Finnis delivered a paper entitled “Judicial Power: Past, Present and Future” at […]

Constitutional Law Group November 23, 2015 Europe, Human rights, Judicial review, Judiciary

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