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 examine the issues raised by the case from a rich variety of perspectives and which advance a broad spectrum of

Continue reading

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 parliamentary involvement — may have significant consequences for how Brexit unfolds. But the Court is certainly not being asked to

Continue reading

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 which the UK will exit the EU. The argument concerning the EPEA essentially takes the form of a riposte to

Continue reading

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 of BBC Radio 4’s Law in Action examines the implications of the decision and broader questions about the next steps that are likely

Continue reading

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 whether the High Court was right as a matter of law. I have already written briefly about the legal merits

Continue reading

Cambridge University Brexit Week Talk: The Process of Leaving the EU

A couple of weeks ago, I gave a talk as part of the University of Cambridge’s Brexit Week — a series of events organised by my colleagues Professor Catherine Barnard and Dr Amy Ludlow. The event at which I spoke was entitled ‘The Politics and Process of Leaving the EU’. Professor David Runciman, the head of the University’s

Continue reading

On the sidelining of Parliament: The Brexit Secretary’s statement to the Commons

David Davis MP, the Secretary of State for Exiting the European Union, has made a statement to the House of Commons concerning the Brexit process. He has done so amid mounting cross-party concerns about the involvement of Parliament in that process — concerns that his statement are likely to do little to assuage. To the extent that it

Continue reading