In the aftermath of the EU Referendum many hoped that Parliament will, in its wisdom, block what the people decided to do in the heat of the moment: to leave … Continue reading
Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine?
In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” … Continue reading
Introduction Regular readers of this blog will need no reminding of how much anticipation has been devoted to the Art 50 litigations ahead of and and during the UK Government’s … Continue reading
The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept … Continue reading
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 … Continue reading
Everybody in Miller loves Dicey, judging by the publication of counsel’s arguments ahead of next week’s Supreme Court hearing. But it was not always thus and simply quoting more and … Continue reading
Introductions When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur … Continue reading