Tag: parliamentary accountability
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Aris Georgopoulos: The Melting of Constitutional “Glaciers”: Miller 2 and the Prerogative Powers of Government
The purpose of this piece is to examine the legal and constitutional implications of the Miller 2 Judgment. I will focus on two aspects of the Judgment. First, the reasoning of the Court in setting and applying the standard for examining the five-week prorogation’s impact. Second, the Court’s approach concerning the examination of the reasons…
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Lorne Neudorf: The Constitutional Position of Delegated Legislation after Cherry/Miller (No 2)
Following the highly anticipated decision of the UK Supreme Court in Cherry/Miller (No 2), commentators have weighed in on some of the implications of this ground-breaking judgment. This post considers what the judgment has to say about the constitutional position of delegated legislation. Delegated legislation matters. Over time, it has become the most significant source…
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Jack Simson Caird: The Supreme Court and Parliament: The Constitutional Status of Checks and Balances
There have been two competing visions of the constitution battling it out since the Brexit referendum in 2016, which David Howarth described on this blog as the Whitehall view and the Westminster view. The Whitehall view is that the UK constitution, and the relationship between Parliament and Government in particular, is designed to allow the…
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Sam Fowles: Cherry/Miller: What’s Next?
Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of…
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Alex Green: Our Constitution, Accountability and the Limits of the Power to Prorogue
Constitutions do many things. They distribute authority amongst public bodies, enshrine important points of substantive principle, and cement relationships between rulers and the ruled. However, in a more abstract and fundamental sense, constitutions also tell us something about ourselves as political collectives: they express the kind of polity we embody and the kind of people…
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Simon Lee: The Supremes’ Seventh: Dominant or Diminished?
Seven points about the Supreme Court judgment in Miller II/Cherry are in danger of being missed amidst the political noise. The tone of our reception of the Justices’ seventh paragraph, in particular, could determine whether there is any way of finding constitutional harmony in our democracy. First, Tuesday’s summary of the unanimous, unambiguous, unequivocal and powerful judgment…
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Danny Nicol: Supreme Court Against the People
The chorus that the United Kingdom Supreme Court’s decision on prorogation (R. (on the application of Miller) v The Prime Minister; Cherry and others v. Advocate General for Scotland [2019] UKSC 41) has “nothing to do with Brexit” cannot withstand serious scrutiny. The British electorate’s decision to leave the European Union is the pivot around…