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Category Archive: UK Parliament

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

Steven Spadijer: Prorogation, Justiciability and the Reserve Powers

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Prorogation is a quintessentially political power, sometimes deployed toward some of the most brazen of political ends. Charles […]

Constitutional Law Group September 20, 2019 Comparative law, UK government, UK Parliament

George Letsas: Non-Justiciability of Prorogation: A Matter of Law and Logic?

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The case of Gina Miller v the Prime Minister and Others (‘Miller 2’) is presently being heard by […]

Constitutional Law Group September 19, 2019 Judicial review, UK government, UK Parliament

The editors: Posts on Miller 2/Cherry

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As you can see, the blog has been extremely active recently! Thank you so much to all of […]

Constitutional Law Group September 19, 2019 Judicial review, UK government, UK Parliament

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation

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The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is […]

Constitutional Law Group September 19, 2019 Judicial review, UK government, UK Parliament

Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty

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The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt […]

Constitutional Law Group September 17, 2019 Judicial review, Scotland, 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

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