Editor’s Note: Policy Exchange’s Judicial Power Project invited leading academics and practitioners to offer short comments on the Supreme Court’s decision on Article 50 in R(Miller and Dos Santos) v Secretary of State for Exiting the EU. We sought contributions from commentators with a range of views; some might be expected to be sympathetic to the Project’s central concerns, and others less so.
The European Communities Act 1972 was visibly crafted in every detail for a precise political-constitutional purpose, ignored by the Miller majority… Read more
Perhaps the most challenging aspect of the Miller case was how to navigate the judicial role in a complex constitutional environment which is only partially regulated by law… Read more
‘[A]t some risk of over-simplifying,’ Lord Hughes said in his dissenting judgment in the Miller case, the main question for decision centred on two well-accepted constitutional rules… Read more
In Miller, the Supreme Court touched on the difficult divide between ‘law’ and ‘politics’… Read more
Article 50 (1) of the Treaty of the European Union states that “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements… Read more