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Miller v Secretary of State for Exiting the European Union

Roger Masterman: Reasserting/Reappraising Dualism

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Dualism is considered a staple characteristic of the UK’s constitutional order. Recognised as a necessary derivative of the […]

UKCLA December 7, 2021 Constitutional Law, Human Rights Act 1998, Judiciary, United Kingdom

Nicholas Kilford: The Supremacy of Retained EU Law: ‘We’re Lost, But We’re Making Good Time!’

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The UK’s departure from the EU was marked, at least in legal terms, by a curious combination of […]

UKCLA July 27, 2021 European Union, United Kingdom

Adam Perry: Enforcing Principles, Enforcing Conventions

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Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I […]

Constitutional Law Group December 3, 2019 Judicial review, UK government, UK Parliament

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments

Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller […]

Constitutional Law Group October 24, 2019 Judicial review, UK government, UK Parliament

Daniel Halberstam: EU Brexit Litigation: A Short Guide to the Perplexed

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Given Boris Johnson’s explicit vow that he’d rather “be dead in a ditch” than ask Brussels for an […]

Constitutional Law Group October 11, 2019 European Union, Judicial review, UK government

Michael Detmold: The Monarch in the Room

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(Let’s be clear.  Why is an Australian constitutional lawyer writing about the UK Constitution?  It’s simple.  She’s our […]

Constitutional Law Group October 2, 2019 Judicial review, UK government, UK Parliament

Simon Lee: The Supremes’ Seventh: Dominant or Diminished?

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Seven points about the Supreme Court judgment in Miller II/Cherry are in danger of being missed amidst the political noise. […]

Constitutional Law Group September 26, 2019 Judicial review, UK government, UK Parliament

Michael Detmold: The Unconstitutional Brexit Letter

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1. Responsible Government Parliament is an institution of responsible government.  The essence of the common law principle of […]

Constitutional Law Group September 20, 2019 European Union, UK government, UK Parliament

Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty

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The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt […]

Constitutional Law Group September 17, 2019 Judicial review, Scotland, UK government, UK Parliament

Ewan McGaughey: Is There a ‘Legal Measure’ to Judge Parliament’s Prorogration?

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A central theme of the High Court judgment in Miller v Prime Minister  is that there is ‘no […]

Constitutional Law Group September 14, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

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