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UK Supreme Court

Adam Perry: Enforcing Principles, Enforcing Conventions

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Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I […]

Constitutional Law Group December 3, 2019 Judicial review, UK government, UK Parliament

Michael Detmold: The Supreme Court and the Executive Power of History

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Introduction The best Constitution in the world has, through its highest court, over-reached in two fundamental ways: it […]

Constitutional Law Group October 18, 2019 UK government, UK Parliament

Roger Masterman and Se-shauna Wheatle: Miller/Cherry and Constitutional Principle

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In an essay published in Elliott, Varuhas and Wilson Stark (eds), The Unity of Public Law? Doctrinal, Theoretical […]

Constitutional Law Group October 14, 2019 Judicial review, UK government, UK Parliament

Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law

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Introduction In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A […]

Constitutional Law Group October 8, 2019 Administrative law, Judicial review

Paul Yowell: Is Miller (No 2) the UK’s Bush v Gore?

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Miller (No 2) and Bush v Gore (2000) have something in common. Both cases featured judicial intervention in […]

Constitutional Law Group October 7, 2019 Judicial review, UK government, UK Parliament, United States

Steven Spadijer: Miller No 2: Orthodoxy as Heresy, Heresy as Orthodoxy

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Introduction Reading the recent Miller No. 2 decision you would be forgiven in thinking that Boris Johnson had […]

Constitutional Law Group October 7, 2019 Judicial review, UK government, UK Parliament

Anthony Arnull: Is the UK Supreme Court Pro-EU?

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Of all the criticisms levelled by elements of the press and others at the judgment of the Supreme […]

Constitutional Law Group October 3, 2019 Europe, European Union, Judicial review, Judiciary

Michael Detmold: The Monarch in the Room

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(Let’s be clear.  Why is an Australian constitutional lawyer writing about the UK Constitution?  It’s simple.  She’s our […]

Constitutional Law Group October 2, 2019 Judicial review, UK government, UK Parliament

Theodore Konstadinides, Noreen O’Meara and Riccardo Sallustio: The UK Supreme Court’s Judgment in Miller/Cherry: Reflections on Its Context and Implications

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On 24 September, the UK Supreme Court unanimously ruled that the Prime Minister’s advice to prorogue Parliament was […]

Constitutional Law Group October 2, 2019 Judicial review, UK government, UK Parliament

Anurag Deb: A Constitution of Principles: From Miller to Minerva Mills

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Introduction In a succinct and surprisingly unanimous judgment in Miller and Cherry [2019] UKSC 41 the UK Supreme […]

Constitutional Law Group October 1, 2019 Comparative law, India, Judicial review, UK government, UK Parliament, United States

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