Tag: 2016

Brexit, sovereignty, and the contemporary British constitution: Four perspectives on Miller

To say that the Miller case has stimulated a wide-ranging constitutional debate would be to engage in rash understatement. The pages of the UK Constitutional Law Association Blog, in particular, are replete with posts that […]

1,000 words / The Miller case in the Supreme Court: The key arguments

The decision of the Supreme Court in Miller — in which the UK Government will ask the Supreme Court to rule that the Article 50 process for withdrawing from the EU can be initiated without […]

Article 50, the royal prerogative, and the European Parliamentary Elections Act 2002

It has been argued by some that the European Parliamentary Elections Act 2002 (‘EPEA’) may present a particular obstacle to the use of the prerogative for the purpose of initiating the Article 50 process by […]

Public Law Project Talk: The Limits of Judicial Authority

The legitimate extent of judicial authority is a perennial and thorny question. In this lecture, I address the question from the perspective of public law — and, in particular, with reference to the role that judges play in relation to “constitution-making”.

‘Brexit in the High Court’ — BBC Radio 4, Law in Action, 8 November 2016

Following the judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union (about which I have written briefly here, and in more detail, with Hayley Hooper, here), this week’s edition […]

Courts, democracy and Brexit: Some home truths

There are three aspects of the High Court’s ruling in Miller — the implication of which is that Article 50 cannot be triggered without an Act of Parliament — that are significant. The first is […]