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Article 50 TEU

Sir Jeffrey Jowell QC and Naina Patel: Miller Is Right

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Even those of us who question the notion of absolute parliamentary sovereignty (eg. whether it should trump the […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)

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In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, Scotland, UK government, UK Parliament

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

Keith Ewing: A Review of the Miller Decision

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I Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be […]

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

Philip Allott: Fundamental Legal Aspects of UK Withdrawal from the EU: Eight Stages on the Way to a New Relationship

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The exceptional complexity of the legal aspects of UK withdrawal from the EU is due to the fact […]

Constitutional Law Group November 9, 2016 Europe, European Union, International law

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

Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer

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I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article […]

Constitutional Law Group November 8, 2016 Comparative law, Europe, European Union, Judicial review, UK government, UK Parliament

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty

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The issues in Miller In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC […]

Constitutional Law Group November 8, 2016 Europe, European Union, International law, Judicial review, UK government, UK Parliament

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