R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court

2017 ◽  
Author(s):  
Thomas Webb
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Public Law ◽  
The European Union ◽  
Secretary Of State

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Public Law ◽  
Case Note ◽  
The European Union ◽  
Secretary Of State ◽  
The Government ◽  
Article 50

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Public Law ◽  
The European Union ◽  
Secretary Of State ◽  
The Government ◽  
Article 50

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the UK’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Public Law ◽  
Case Note ◽  
The European Union ◽  
Secretary Of State ◽  
The Government ◽  
Article 50

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary from author Thomas Webb.

The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Attorney General ◽  
Public Law ◽  
The European Union ◽  
Advocate General ◽  
Scottish Parliament ◽  
The Uk

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary from author Thomas Webb.

10. Prerogative Powers

Public Law ◽  
2019 ◽  
pp. 300-332
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Central Government ◽  
Foreign Affairs ◽  
The European Union ◽  
Parliamentary System ◽  
Secretary Of State ◽  
Legal Foundations ◽  
Uk Supreme Court ◽  
The Uk

This chapter examines the meaning and the continuing significance of prerogative powers. Prerogative powers are those that were originally exercised by the Monarch before the modern parliamentary system was established. While most prerogative powers have now been replaced by statutory powers, prerogative powers remain important in some contexts, especially in relation to the conduct of the United Kingdom’s foreign affairs. In this context the decision of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of particular importance. The chapter is organized as follows. Section 2 considers the various legal foundations on which central government ministers may base their actions and compares prerogative and statutory powers. Section 3 examines prerogative power—a source of power possessed only by ministers in UK government and the monarch—in more detail. Section 4 considers the progress towards the reform of ministerial prerogatives.

Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Kingdom ◽  
Supreme Court ◽  
Public Law ◽  
European Union Law ◽  
The United Kingdom ◽  
Secretary Of State ◽  
Home Department ◽  
The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.

Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Kingdom ◽  
Supreme Court ◽  
Judicial Review ◽  
Public Law ◽  
European Union Law ◽  
The United Kingdom ◽  
Secretary Of State ◽  
Home Department

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The document also includes supporting commentary from author Thomas Webb.

R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Community ◽  
Public Law ◽  
The European Union ◽  
Community Law ◽  
Secretary Of State ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
European Community Law

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty, and for this reason remains relevant notwithstanding the UK’s departure from the European Union. The document also includes supporting commentary from author Thomas Webb.

Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Kingdom ◽  
Supreme Court ◽  
Public Law ◽  
European Union Law ◽  
The United Kingdom ◽  
Secretary Of State ◽  
Home Department ◽  
The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.

Supreme Site Services v. Shape (C.J.E.U.)

2021 ◽  
pp. 1-16
Author(s):  
Salim S. Sleiman
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
Eu Regulation ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
Dutch Supreme ◽  
Brussels Regulation

On September 3, 2020, following a request from the Dutch Supreme Court, the First Chamber of the Court of Justice of the European Union (CJEU) rendered its preliminary ruling in Supreme Site Services and Others v. SHAPE on the interpretation of Articles 1(1) and 24(5) of the European Union (EU) Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast Brussels Regulation).

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