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Royal Prerogative

Rachel Jones: The Importance of Silences in the “Brexit” Appeals

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“[T]here has been a longstanding resistance, as a matter of law, to the idea that legislative inaction or […]

Constitutional Law Group December 7, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 2

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Introduction This post aims to summarise the highlights of the Supreme Court hearing on 6 December 2016. As […]

Constitutional Law Group December 7, 2016 Devolution, Europe, European Union, International law, Judicial review, Scotland, UK government, UK Parliament

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 1

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Introduction This post aims to summarise the highlights of the Supreme Court hearing on 5 December 2016. Unlike […]

Constitutional Law Group December 6, 2016 Europe, European Union, International law, Judicial review, UK government, UK Parliament

Robert Craig: Miller: The Statutory Basis Argument – A Primer

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This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to […]

Constitutional Law Group December 5, 2016 Administrative law, European Union, UK Parliament, Uncategorized

Thomas Poole: Losing our Religion? Public Law and Brexit

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Prerogative is the enemy of the people. This has been settled as matter of law for a very […]

Constitutional Law Group December 2, 2016 Europe, European Union, International law, Judicial review, UK government, UK Parliament

Gavin Phillipson: The Miller Case, Part 1: A Response to Some Criticisms

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Introduction The resounding defeat for the Government in Miller v Secretary of State has already produced a huge […]

Constitutional Law Group November 25, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Mikolaj Barczentewicz: Consequences of the High Court’s Reasoning in the Article 50 Judgment: EU Law-making Unlawful

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Introduction In its judgment in Miller (the Article 50 litigation), the High Court had no doubts that it […]

Constitutional Law Group November 18, 2016 Europe, European Union, Human rights, Judicial review, UK government, UK Parliament

Robert Craig: The Abeyance Principle and the Frustration Principle

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Introduction I have argued on this blog and in the Modern Law Review (MLR) (forthcoming, November edition – […]

Constitutional Law Group November 16, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Sir Jeffrey Jowell QC and Naina Patel: Miller Is Right

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Even those of us who question the notion of absolute parliamentary sovereignty (eg. whether it should trump the […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)

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In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court […]

Constitutional Law Group November 15, 2016 Europe, European Union, Judicial review, Scotland, UK government, UK Parliament

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