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
Robert Craig: Miller Supreme Court Case Summary
R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In … Continue reading
Jack Williams: The Supreme Court’s Approach to Prerogative Powers in Miller: An Analysis of Four E’s
Three initial observations can be made about the Supreme Court’s analytical approach to prerogative powers in the Miller judgment. First, the Court’s judgment has clarified the proper framework for analysing … Continue reading
