Thomas Horsley: UK Courts and the Great Repeal Bill – Awaiting Fresh Instruction
The UK Government’s announcement that it intends to repeal the European Communities Act 1972 (ECA) through the Great Repeal Bill raises the prospect of far-reaching changes to the institutional role … Continue reading
Denis Edwards: Miller, Law and Revisionism
It is clear from the majority judgment in Miller, and also from several blog comments since, that the judgment’s linchpin is that the 1972 Act “provided that [EU] rights, duties … Continue reading
Pavlos Eleftheriadis: The Systematic Constitution
The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the … Continue reading
Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law
The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual framework for European law. I will focus first on Lord Reed’s dissent. … Continue reading
Hasan Dindjer: Sources of Law and Fundamental Constitutional Change
The majority’s reasoning in Miller may appear to turn on the proposition that the European Communities Act 1972 (‘ECA’) introduced a new source of law in the UK ([60]-[66]). The … Continue reading
David Howarth: The Government’s Fatal Concession in Miller
After days of oral argument, lorry-loads of authorities and a 96 page judgment, one question still bothers me. Why did the government concede (see the Supreme Court’s judgment at [74]) … Continue reading
Timothy Endicott: A Treaty of Paramount Importance
Cross-posted with the Judicial Power Project. The reasoning of the majority of the UK Supreme Court in Miller‘s case is undermined by Lord Reed’s rather beautiful explanation of the European Communities … Continue reading
