Analysis: Critical Reflections on the High Court’s Judgment in R (Miller) v Secretary of State for Exiting the European Union

Blog of the IACL, AIDC

By Mark Elliott and Hayley J Hooper. Mark Elliott is Professor of Public Law at the University of Cambridge and a Fellow of St Catharine’s College, Cambridge. Dr Hayley J. Hooper is a Junior Research Fellow in Law at Homerton College, University of Cambridge. Post originally published on the UK Constitutional Law Association blog.

The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to astonishing and wholly misguided criticism by politicians and the press. Let us be clear, then, at the outset of this post that we entertain no doubt whatever about the constitutional appropriateness of the Court ruling on the question that was put to it in Miller. The question for the court was solely a legal question about the extent of executive authority…

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