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 … Continue reading
Jeff King and Nick Barber: In Defence of Miller
Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of … Continue reading
Ewan Smith: Treaty Rights in Miller and Dos Santos v. Secretary of State for Leaving the European Union
Miller & Dos Santos v. Secretary of State for Leaving the European Union [2016] EWHC 2768 (Admin) is a conservative judgment which includes some broad statements of principle. To understand … Continue reading
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 … Continue reading
Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)
In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court ruled that the government cannot use the royal prerogative to trigger Article … Continue reading
Kieron Beal QC: The Taxing Issues arising in Miller
There have been a number of critical blogs on this website questioning the legal reasoning deployed by the Divisional Court in R (Miller and others) v. Secretary of State for … Continue reading
Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’
That was Gina Miller’s evocative phrase for the power of the Crown when she was interviewed on Radio 4 before the hearing in her case, R (on the application of … Continue reading
Mark Elliott and Hayley J. Hooper: Critical reflections on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union
The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to … Continue reading
John Finnis: Terminating Treaty-based UK Rights: A Supplementary Note
Editors’ note: This is cross-posted from the Judicial Power Project website and forms the body of a short paper published today by the Project. In a Judicial Power Project paper … Continue reading
