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Joe Atkinson: Parliamentary Intent and the Sewel Convention as a Legislatively Entrenched Political Convention

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One interesting finding in Miller is that it appears to recognise the Sewel Convention as a new form […]

Constitutional Law Group February 10, 2017 Devolution, Europe, European Union, Judicial review, Scotland, UK Parliament

Denis Edwards: Miller, Law and Revisionism

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It is clear from the majority judgment in Miller, and also from several blog comments since, that the […]

Constitutional Law Group February 9, 2017 Europe, European Union, Judicial review

David Scott: Miller, Sewel, and the Human Rights Act

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Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the […]

Constitutional Law Group February 8, 2017 Devolution, Judicial review, UK government, UK Parliament

Asanga Welikala: The Need for a ‘Cartesian Cleaning of the Augean Stables’? Miller and the Territorial Constitution

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It is clear that the UKSC’s observations on the meaning and effect of ss. 1 and 2 of […]

Constitutional Law Group February 7, 2017 Devolution, Europe, European Union, Judicial review, Scotland, UK government, UK Parliament

Eugenio Velasco and Conor Crummey: The Reading of Section 28(8) of the Scotland Act 1998 as a Political Convention in Miller

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The holding of the majority in Miller that section 28(8) of the Scotland Act 1998, which  echoes the […]

Constitutional Law Group February 3, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017

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Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU […]

Constitutional Law Group February 2, 2017 Europe, European Union, UK government, UK Parliament

Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine?

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In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment […]

Constitutional Law Group January 31, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

Pavlos Eleftheriadis: The Systematic Constitution

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The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. […]

Constitutional Law Group January 30, 2017 Constitutional change, Europe, European Union, Judicial review, UK government, UK Parliament

Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law

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The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual […]

Constitutional Law Group January 30, 2017 Europe, European Union, International law, Judicial review, UK government, UK Parliament

Hasan Dindjer: Sources of Law and Fundamental Constitutional Change

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The majority’s reasoning in Miller may appear to turn on the proposition that the European Communities Act 1972 […]

Constitutional Law Group January 27, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

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