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European Communities Act 1972

Aris Georgopoulos: (Un)Crossing the Rubicon: Why the Supreme Court Should Not Refer a Question Regarding the Revocability of Article 50 to the ECJ

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On 3 November the High Court issued its long awaited judgement in R (Miller) v Secretary of State […]

Constitutional Law Group November 17, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Ronan McCrea: Arguing that Article 50 Notification Is Reversible Involves Risks for the Government

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Well-placed sources have reported to the Guardian that the Government’s lawyers will argue before the Supreme Court that […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Sir Jeffrey Jowell QC and Naina Patel: Miller Is Right

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Even those of us who question the notion of absolute parliamentary sovereignty (eg. whether it should trump the […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)

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In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, Scotland, UK government, UK Parliament

Campbell McLachlan QC: The Foreign Affairs Treaty Prerogative and the Law of the Land

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A central plank in the reasoning of the Divisional Court in R (Miller) v Secretary of State for […]

Constitutional Law Group November 14, 2016 Administrative law, Europe, European Union, Judicial review, UK government, UK Parliament

Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50

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One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue […]

Constitutional Law Group November 11, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’

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That was Gina Miller’s evocative phrase for the power of the Crown when she was interviewed on Radio […]

Constitutional Law Group November 11, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Keith Ewing: A Review of the Miller Decision

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I Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be […]

Constitutional Law Group November 10, 2016 Europe, European Union, Judicial review, UK government, UK Parliament, Uncategorized

Alison Young: R (Miller) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin): Constitutional Adjudication – Reality over Legality?

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In a ground-breaking decision, the High Court in Miller issued a declaratory order that ‘the Secretary of State […]

Constitutional Law Group November 9, 2016 Constitutional change, Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

John Adenitire: Exiting the EU Constitutionally

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In Miller v Secretary of State [2016], the High Court held that the Government cannot use its prerogative […]

Constitutional Law Group November 9, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

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