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, […]
This post was written before the Supreme Court gave its decision in the Miller case. For an overview of the judgment itself, see 1,000 words: The Supreme Court’s Judgment in Miller. […]
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 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”.
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 […]
By Mark Elliott and Hayley J Hooper
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 […]
The following short comment on the High Court’s judgment in the Miller case was published on the Judicial Power Project’s website and is reproduced here with permission. The piece is part of a collection of short commentaries published by the Judicial Power Project; the full collection can be accessed here.
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 […]
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 […]
By Mark Elliott and Alison Young
“Brexit means Brexit” was only ever going to cut it for so long. And although, in her first speech to a Conservative Party conference as Prime Minister, Theresa May has […]
Thanks to a court order, the Government’s case — its “detailed grounds of resistance” — in the Article 50 litigation currently pending before the High Court has been published. I […]
By Mark Elliott and Stephen Tierney
I have written before about whether triggering the formal Brexit process under Article 50 of the Treaty on European Union requires legislation. My view is that, as a matter of […]
The vacuity of the debate that preceded the referendum on EU membership is exceeded only by the emptiness of result that the referendum subsequently yielded. A slim majority of those […]