Tag: De Keyser
-
Robert Craig: The Abeyance Principle and the Frustration Principle
Introduction I have argued on this blog and in the Modern Law Review (MLR) (forthcoming, November edition – copies available on request on the usual terms: r.j.craig@lse.ac.uk) that the power to trigger Article 50 should be seen as a statutory power under s 2(1) of the European Communities Act (‘ECA’) – the ‘statutory basis’ claim.…
-
Campbell McLachlan QC: The Foreign Affairs Treaty Prerogative and the Law of the Land
A central plank in the reasoning of the Divisional Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 at [96] is that ‘Absent such authority from the ECA [European Communities Act] 1972 or other statutes, the Crown cannot through the exercise of its prerogative powers alter the domestic…
-
David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty
The issues in Miller In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU,…
-
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 2
Editors’ note: For a report on the first day of proceedings, please see here. Introduction The second day of proceedings in the Miller case started at 9.45am as scheduled following the swearing in of a new judge of the High Court. Three QCs appeared for the remaining Claimants: Helen Mountfield QC, Patrick Green QC and…