Tag: Laker Airways
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Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?
Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A…
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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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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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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 and representative government. We have had no constitutional moment of similar magnitude since. All constitutional changes – some very significant – have taken place within…
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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 to trigger Article 50 should be seen as a statutory power under s 2(1) of the European Communities Act (‘ECA’) – the ‘statutory basis’ claim.…
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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 50 EU Treaty, and so leave the EU, without Parliament’s authority. Since that ruling was given, a flurry of commentary on it has appeared. Some…