Philip Allott: The Short Title of the European Union (Notification of Withdrawal) Bill Is Incorrect
The Short Title of the European Union (Notification of Withdrawal) Bill is incorrect. The notification is not of withdrawal from the EU. As the Long Title and Clause 1(1) of … Continue reading
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
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 … 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
Keith Ewing: A Review of the Miller Decision
I Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, … Continue reading
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 … Continue reading
Piet Eeckhout: The UK Decision to Withdraw from the EU: Parliament or Government?
The litigation concerning the triggering of Art 50 TEU is under way, with hearings this past week and early next. It is the constitutional case of the century. The Government’s … Continue reading
