Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50
The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that … Continue reading
Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1)
Editors’ note: This is the first part of a two-part contribution. The second part will be posted tomorrow. Part 1: Would the prerogative be revived? I In the light of … Continue reading
Alex Peplow: Withdrawal from the ECHR after Miller – A Matter of Prerogative?
Does the decision of the Supreme Court in the case of R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 affect … Continue reading
Asanga Welikala: The Need for a ‘Cartesian Cleaning of the Augean Stables’? Miller and the Territorial Constitution
It is clear that the UKSC’s observations on the meaning and effect of ss. 1 and 2 of the Scotland Act 2016 in Miller have deep consequences for both the … 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
Pavlos Eleftheriadis: The Systematic Constitution
The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the … Continue reading
Timothy Endicott: A Treaty of Paramount Importance
Cross-posted with the Judicial Power Project. The reasoning of the majority of the UK Supreme Court in Miller‘s case is undermined by Lord Reed’s rather beautiful explanation of the European Communities … Continue reading
