Tag: European Union Referendum Act 2015
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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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Raj Desai: Miller and the Flexibility of the UK Constitution
The Government placed considerable reliance on the flexibility of the UK constitution in its appeal to the Supreme Court in Miller, urging that this flexibility be employed to take full account of the factual and political context of the Brexit referendum in determining the legal questions before the court. In this post, I suggest that…
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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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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…
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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 it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against…
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Mark Elliott and Stephen Tierney: The House of Lords Constitution Committee Reports on Article 50
The House of Lords Constitution Committee today publishes its report on the process by which the United Kingdom will withdraw from the European Union, a process that will result “in the most significant changes to the UK’s constitution in a generation”. The Committee accepts that the referendum result is clear and therefore must be implemented,…
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Rebecca Williams: Do We Have to Follow the Result of the Brexit Referendum?
Legally the answer is clear: no. The European Union Referendum Act 2015 states that a referendum should be held. It does not state what should happen thereafter. Indeed, it is argued that we cannot follow it by issuing a notification under Article 50 of the Lisbon Treaty without a further Act of Parliament (see CLA…
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Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger?
The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under Article 50 TEU. Two rather separate strands of speculation have begun to appear. On the one hand – and driven by an increasing acceptance that…
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Pavlos Eleftheriadis: The Proposed New Legal Settlement of the UK with the EU
In this comment I discuss the proposals for a new settlement between the UK and the EU. As I will show, the precise nature of the draft agreement is unclear. This legal instrument raises difficult issues of both EU and public international law and could potentially cause serious uncertainty or even a constitutional crisis. Press…