Tags » Royal Prerogative

Asanga Welikala: The Need for a ‘Cartesian Cleaning of the Augean Stables’? Miller and the Territorial Constitution

It is clear that the UKSC’s observations on the meaning and effect of ss. 1 and 2 of the Scotland Act 2016 in Miller have deep consequences for both the constitutional law and the constitutional politics of the UK’s territorial arrangements, and therefore for the Union itself. 576 more words

UK Parliament

Philip Allott: The Short Title of the European Union (Notification of Withdrawal) Bill Is Incorrect

The Short Title of the European Union (Notification of Withdrawal) Bill is incorrect. The notification is not of withdrawal from the EU. As the Long Title and Clause 1(1) of the Bill correctly show, it is a European Union (Notification of Intention to Withdraw) Bill. 218 more words

UK Parliament

Pavlos Eleftheriadis: The Systematic Constitution

The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the opportunity to restate a fundamental principle, which had been left implicit by the court below. 458 more words

UK Parliament

Timothy Endicott: A Treaty of Paramount Importance

Cross-posted with the Judicial Power Project.

The reasoning of the majority of the UK Supreme Court in Miller‘s case is undermined by Lord Reed’s rather beautiful explanation of the European Communities Act (-, ). 373 more words

UK Parliament

Jack Williams: The Supreme Court’s Approach to Prerogative Powers in Miller: An Analysis of Four E’s

Three initial observations can be made about the Supreme Court’s analytical approach to prerogative powers in the Miller judgment.

First, the Court’s judgment has clarified the proper framework for analysing prerogative powers. 538 more words

UK Parliament