Tag: Moohan
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Hayley J. Hooper: Keeping the Lights On: Contrasting Miller v Prime Minister and Cherry v The Advocate General
If the phrase “may you live in interesting times” actually has its roots in a curse, then, we constitutional lawyers are indeed cursed. The specific nature of the curse is the malleable nature of constitutional controls designed to protect our institutions from the whims of executive action. At the time of writing, Britain is set…
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Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis
The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan in his admirable Foreign Relations Law, cited by the Supreme Court: If treaties have no effect within domestic law, Parliament’s legislative supremacy within its own…