Tag: UK EU Referendum
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Bethany Shiner: Just the Politics of Persuasion: Are Gaps in Regulation Affecting Political Campaigning Methods?
Introduction The chair of the Electoral Commission recently warned that British elections face a ‘perfect storm’ of threats to their integrity from developments in social media and political advertising, and third-party state actors. Such assessments, supported by allegations about the UK-EU referendum and the 2017 general election campaigns, call into question the effectiveness of the…
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Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)
In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court ruled that the government cannot use the royal prerogative to trigger Article 50 EU Treaty, and so leave the EU, without Parliament’s authority. Since that ruling was given, a flurry of commentary on it has appeared. Some…
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Weekly round-up of events
This week’s announcement is below. ~~~ We need to talk about the Rule of Law Media release, 8 November 2016 Bingham Centre for the Rule of Law As the dust settles on the High Court’s decision last week, the media coverage that pitched judges as enemies or opponents of the people, a mix of responses…
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Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’
That was Gina Miller’s evocative phrase for the power of the Crown when she was interviewed on Radio 4 before the hearing in her case, R (on the application of Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768. An ancient secretive royal prerogative sounds like the personal privilege of a despot…
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Albert Weale: The Constitution of Democracy and the Pretensions of the Plebiscite
When the UK’s High Court rendered its decision on whether the government could trigger Article 50 of the Lisbon Treaty under the royal prerogative to initiate the UK leaving the European Union, it released a storm of abuse against the judiciary in the press and among cabinet ministers. ‘Enemies of the people’ snorted the Daily…
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Paul O’Connell and Nimer Sultany: Miller and the Politics of the Judiciary
One of the most striking things in immediate reactions to the High Court judgment in Miller is that so many commentators are willing to acquiesce in the crucially important assertion made in the judgment that the case was simply concerned with ‘a purely legal matter’. In their recent intervention, Mark Elliott and Hayley Hooper, while…
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Keith Ewing: A Review of the Miller Decision
I Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How…
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Philip Allott: Fundamental Legal Aspects of UK Withdrawal from the EU: Eight Stages on the Way to a New Relationship
The exceptional complexity of the legal aspects of UK withdrawal from the EU is due to the fact that it involves the interaction of three legal systems – international law, EU law and national law. The constitution of the EU is contained in treaties, taking effect under international law. EU law is made and administered…
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Joe Tomlinson, Jake Rylatt and Duncan Fairgrieve: And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case
Santos and M v Secretary of State for Exiting The European Union, the “Brexit” case regarding the interpretation of Article 50 Treaty on European Union, is widely expected to reach the UK Supreme Court (UKSC) before the end of the calendar year. If this happens, it has been widely reported that the UKSC will sit…
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![Alison Young: R (Miller) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin): Constitutional Adjudication – Reality over Legality?](https://ukconstitutionallaw.org/wp-content/uploads/2016/10/alison-young-e1631090725385.jpg)
Alison Young: R (Miller) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin): Constitutional Adjudication – Reality over Legality?
In a ground-breaking decision, the High Court in Miller issued a declaratory order that ‘the Secretary of State does not have power under the Crown’s prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union.’ [paragraph 111]. In earlier posts, I explained how the…