Tag: De Keyser
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Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty
The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive…
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Paul Craig: Prorogation: Constitutional Principle and Law, Fact and Causation
The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning fact and causation. They are examined in turn. Constitutional Principle and Law We begin with constitutional principle and law. We seek to decide whether the…
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Francis Young: “Packing” the Lords: Some Legal Reflections
The recent string of Government defeats in the House of Lords over amendments to the European Union (Withdrawal) Bill has reignited the debate over the role of the Lords in a modern democracy. The Daily Mail published a characteristically trenchant headline suggesting that we should “pull the plug” on the “traitors in ermine”. The abolition of…
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Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1)
Editors’ note: This is the first part of a two-part contribution. The second part will be posted tomorrow. Part 1: Would the prerogative be revived? I In the light of widespread dissatisfaction with the Fixed-term Parliaments Act 2011 (‘FTPA’), the Conservative party manifesto states, at page 43, “We will repeal the Fixed-term Parliaments Act”. This…
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Robert Craig: Miller Supreme Court Case Summary
R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In the matter of an application by Agnew and others for Judicial Review Reference by the Court of Appeal (Northern Ireland) – In the matter of…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 3
Introduction This post aims to summarise the highlights of the Supreme Court (SC) hearing on Day 3 (7 December 2016) of the hearings in the Miller v Secretary of State for Exiting the European Union case. As mentioned in previous posts, and as with the reports on the High Court (HC), this report will not…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 2
Introduction This post aims to summarise the highlights of the Supreme Court hearing on 6 December 2016. As mentioned yesterday, as with the reports on the High Court, this report will not be comprehensive. This is because those with the most interest in the case will have watched online or read the transcript. There is…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 1
Introduction This post aims to summarise the highlights of the Supreme Court hearing on 5 December 2016. Unlike the reports on the High Court, this report will not be comprehensive. This is because those with the most interest in the case will have watched online or read the transcript. There is also the Supreme Court…
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Thomas Poole: Losing our Religion? Public Law and Brexit
Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible and representative government. We have had no constitutional moment of similar magnitude since. All constitutional changes – some very significant – have taken place within…
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Gavin Phillipson: The Miller Case, Part 1: A Response to Some Criticisms
Introduction The resounding defeat for the Government in Miller v Secretary of State has already produced a huge amount of academic commentary. In my view the role of legal academics is not necessarily to ‘take sides’ in litigation. It is simply to analyse the different legal arguments presented by each side, and by other legal…