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R (Miller) and Others v The Prime Minister (Miller 2)

Craig Prescott: Harry and Meghan, Regency, Counsellors of State and a “Slimmed Down” Royal Family

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Introduction On 19th January, after discussions within the Royal Family, it was announced that the Duke and Duchess […]

Constitutional Law Group January 21, 2020 Canada, UK government, United Kingdom

Adam Perry: Enforcing Principles, Enforcing Conventions

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Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I […]

Constitutional Law Group December 3, 2019 Judicial review, UK government, UK Parliament

David Dennis: Llewellyn, Hart and Miller 2

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The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional […]

Constitutional Law Group October 29, 2019 Judicial review, UK government, UK Parliament

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments

Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller […]

Constitutional Law Group October 24, 2019 Judicial review, UK government, UK Parliament

Benedict Douglas: Brexit as a Revolutionary Constitutional Moment

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We can define our identity as individuals in three ways: through our choices, by the duties we owe, […]

Constitutional Law Group October 23, 2019 Constitutional change, Human rights

Michael Detmold: The Supreme Court and the Executive Power of History

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Introduction The best Constitution in the world has, through its highest court, over-reached in two fundamental ways: it […]

Constitutional Law Group October 18, 2019 UK government, UK Parliament

Roger Masterman and Se-shauna Wheatle: Miller/Cherry and Constitutional Principle

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In an essay published in Elliott, Varuhas and Wilson Stark (eds), The Unity of Public Law? Doctrinal, Theoretical […]

Constitutional Law Group October 14, 2019 Judicial review, UK government, UK Parliament

Jefferi Hamzah Sendut: The Prorogation Case: Proportionality in All but Name?

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The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This […]

Constitutional Law Group October 8, 2019 Judicial review

Paul Yowell: Is Miller (No 2) the UK’s Bush v Gore?

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Miller (No 2) and Bush v Gore (2000) have something in common. Both cases featured judicial intervention in […]

Constitutional Law Group October 7, 2019 Judicial review, UK government, UK Parliament, United States

Steven Spadijer: Miller No 2: Orthodoxy as Heresy, Heresy as Orthodoxy

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Introduction Reading the recent Miller No. 2 decision you would be forgiven in thinking that Boris Johnson had […]

Constitutional Law Group October 7, 2019 Judicial review, UK government, UK Parliament

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