1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2)

This short piece, which forms part of my 1,000 words series of posts, aims to set out in an accessible way the key points of the Supreme Court's judgment in the Cherry/Miller (No 2) case. For a more detailed and technical analysis of the judgment, see this post. In its historic judgment in Cherry/Miller (No… Continue reading 1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2)

A new approach to constitutional adjudication? Miller II in the Supreme Court

The following is my detailed, initial analysis of the Supreme Court's judgment in the Cherry/Miller (No 2) case. For a shorter explanation of the case, see this 1,000 words post. Reactions to the unanimous Supreme Court judgment in Cherry/Miller (No 2) [2019] UKSC 41 have been as strong as they have been diverse. On one… Continue reading A new approach to constitutional adjudication? Miller II in the Supreme Court

Prorogation and justiciability: Some thoughts ahead of the Miller II case in the Supreme Court

A good deal has been said in recent days about whether the Government’s advice to the Queen concerning the prorogation of Parliament raises a legal question on which courts can properly adjudicate. As is well-known, English and Scottish courts have so far differed sharply on this point: in the Cherry case, the Inner House of… Continue reading Prorogation and justiciability: Some thoughts ahead of the Miller II case in the Supreme Court