Robert Craig: New Article 50 Case Resoundingly Rejected by the Divisional Court
In the film ‘Gladiator’ an epic and brutal battle scene at the beginning is followed by the Emperor’s pampered and rich son arriving the next day in a coach. He … Continue reading
Kenneth Armstrong: Has Article 50 Really Been Triggered?
Cross-posted from brexittime.com. With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been … Continue reading
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
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 4
Introduction This final summary post aims to set out the highlights of the Supreme Court (SC) hearing on Day 4 of the hearings in the Miller v Secretary of State … Continue reading
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 3
Introduction This post aims to summarise the highlights of the Supreme Court (SC) hearing on Day 3 (7 December 2016) of the hearings in the Miller v Secretary of State … Continue reading
Rachel Jones: The Importance of Silences in the “Brexit” Appeals
“[T]here has been a longstanding resistance, as a matter of law, to the idea that legislative inaction or silence, filtered through a judicial stethoscope, can be made to sound out … Continue reading
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 … Continue reading
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. … Continue reading
Sir Jeffrey Jowell QC and Naina Patel: Miller Is Right
Even those of us who question the notion of absolute parliamentary sovereignty (eg. whether it should trump the rule of law in extreme situations such as the abolition of judicial … Continue reading
Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50
One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue whether the Supreme Court should make a reference to the Court of … Continue reading
