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Yossi Nehushtan: Prorogation and Justiciability

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The question of justiciability lies at the heart of the judicial response to the legal challenges that were […]

Constitutional Law Group September 16, 2019 European Union, Judicial review, UK government, UK Parliament

Dean Knight: Reasoning Through Challenges to Prorogation: Cherry and Miller (No 2)

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The challenges to the prime minister’s request to the Queen to prorogue Parliament in the face of the […]

Constitutional Law Group September 16, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Hasan Dindjer: Prorogation as a Breach of Parliamentary Sovereignty

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Does proroguing Parliament under the present circumstances breach the principle of parliamentary sovereignty? The Divisional Court in Miller […]

Constitutional Law Group September 16, 2019 European Union, Judicial review, UK government, UK Parliament

Alison Young: Prorogation, Politics and the Principle of Legality

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Constitutional lawyers often point to key cases as milestones in public law. Recently, the Supreme Court decision in […]

Constitutional Law Group September 13, 2019 Judicial review, Scotland, UK government, UK Parliament

Timothy Endicott: Don’t Panic

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The brilliant accident of our form of constitutionalism is not just that the executive came to be accountable […]

Constitutional Law Group September 13, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes

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In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and […]

Constitutional Law Group September 13, 2019 European Union, Judicial review, Scotland, UK government, UK Parliament

Robert Craig: What Could Happen Next If the Government Resigns Rather than Send the Letter to the EU?

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This post follows on from a previous piece where I attempted to set out the general rules, and […]

Constitutional Law Group September 11, 2019 European Union, UK government, UK Parliament

Tarunabh Khaitan: On Coups, Constitutional Shamelessness, and Lingchi

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The decision of the Boris Johnson government to prorogue Parliament with the motive of frustrating the latter’s attempts […]

Constitutional Law Group September 6, 2019 UK government, UK Parliament

Michael Detmold: The Proper Denial of Royal Assent

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Twenty-one eminent constitutional lawyers expressed this view in a letter to the Times (3 4 19): ‘Any attempt […]

Constitutional Law Group September 5, 2019 UK government, UK Parliament

Paul Craig: Prorogation: Constitutional Principle and Law, Fact and Causation

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The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, […]

Constitutional Law Group September 2, 2019 UK government, UK Parliament

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