Tag: Thoburn
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Nicholas Kilford: The Supremacy of Retained EU Law: ‘We’re Lost, But We’re Making Good Time!’
The UK’s departure from the EU was marked, at least in legal terms, by a curious combination of change and continuity. One key issue ripe for change was the principle of the supremacy of EU law. Vote Leave argued before the referendum that this principle ‘stops the British public from being able to vote out…
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Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part II)
Editors’ note: This is the second part of a two-part contribution. The first part can be found here. Part one of this blog post considered the constitutional challenge potentially posed by the commitment in the Phase One Joint Report that the UK Parliament will enact a Withdrawal Agreement and Implementation Bill to give effect to…
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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 the matter of an application by Agnew and others for Judicial Review Reference by the Court of Appeal (Northern Ireland) – In the matter of…
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David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty
The issues in Miller In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU,…
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Mark Elliott and Hayley J. Hooper: Critical reflections on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union
The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to astonishing and wholly misguided criticism by politicians and the press. Let us be clear, then, at the outset of this post that we entertain no…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 2
Editors’ note: For a report on the first day of proceedings, please see here. Introduction The second day of proceedings in the Miller case started at 9.45am as scheduled following the swearing in of a new judge of the High Court. Three QCs appeared for the remaining Claimants: Helen Mountfield QC, Patrick Green QC and…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union
Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week. The first section sets out…
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Gavin Creelman: The Relevance of Thoburn to the Article 50 “Trigger” Debate
In the weeks following the EU referendum result, a number of key constitutional questions have emerged. Central among these has been the issue of how the process of withdrawal from the EU provided by Article 50 of the Treaty on European Union (“TEU”) may be “triggered”. In particular, the debate has focussed on whether the…
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Adam Perry and Farrah Ahmed: Are Constitutional Statutes ‘Quasi-Entrenched’?
The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance. In this post we explain why, starting with some background about constitutional statutes. Commentators have lately considered how constitutional statutes should be…