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.

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.

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.

Public Law Concentrate

2021 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Separation Of Powers ◽  
Public Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
The Status ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.

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.

PULLING A TRIGGER OR STARTING A JOURNEY? BREXIT IN THE SUPREME COURT

2017 ◽  
Vol 76 (2) ◽  
pp. 217-223
Author(s):  
David Feldman
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Foreign Relations ◽  
The European Union ◽  
The Supreme Court ◽  
Legal Challenges ◽  
The Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

FOLLOWING a referendum on 23 June 2016 in which 52% of voters (38% of the total electorate) had expressed a preference for the UK to leave the EU, the Government announced that it would start the process of withdrawal, in accordance with Article 50 of the Treaty on European Union (“TEU”), by notifying the European Council of the UK's decision, exercising the Government's prerogative power to conduct foreign relations. A number of legal challenges were fast-tracked to the Supreme Court. In R. (Miller) v Secretary of State for Exiting the European Union (Birnie and others intervening) [2017] UKSC 5; [2017] 2 W.L.R. 583 after an expedited hearing, the Court decided two issues: (1) whether the Government could exercise its power under the royal prerogative to give notice, or needed an Act of Parliament to authorise the giving of notice; and (2) whether the Government required the consent of devolved legislatures in Northern Ireland, Scotland and Wales before giving notice or introducing to Parliament a Bill authorising the giving of notice. The Court sat unprecedentedly with all 11 serving members. On issue (1), the Court, by an 8–3 majority, held that an Act of Parliament would be required in order to authorise the giving of notice. On issue (2), the Court unanimously held that there was no legal requirement for consent by the devolved institutions.

21. Institutions of the European Union

Public Law ◽  
2019 ◽  
pp. 756-794
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
European Integration ◽  
European Parliament ◽  
Public Law ◽  
The European Union ◽  
Legal Basis ◽  
The Uk ◽  
Law Making ◽  
The Eu

This chapter introduces the project of European integration and discusses the legal basis of the EU, which consists of treaties that authorize law-making. It will identify the principal executive institutions of the European Union and their functions. They will be classified under the headings of supranationalism and intergovernmentalism. The chapter will also examine the process of enacting legislation and the role of the European Parliament. Drawing on an understanding of similar institutions and processes in the UK, the discussion is particularly concerned with an assessment of the institutions in terms of public law values, such as legitimacy, accountability, and transparency.

scholarly journals THE SUPREME COURT'S JUDGMENT IN MILLER: IN SEARCH OF CONSTITUTIONAL PRINCIPLE

2017 ◽  
Vol 76 (2) ◽  
pp. 257-288 ◽  
Author(s):  
Mark Elliott
Keyword(s):  
European Union ◽  
Supreme Court ◽  
The European Union ◽  
Formal Process ◽  
Constitutional Principle ◽  
The Supreme Court ◽  
The Government ◽  
The Uk ◽  
Constitutional Adjudication ◽  
The Eu

AbstractIn R. (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the UK (1) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (2) declined to recognise any requirement that the devolved legislatures’ consent be obtained in respect of legislation authorising the Government to commence the withdrawal process. This article critically examines Miller, arguing that the majority's analysis veers between unwarranted muscularity in relation to the prerogative issue and unnecessary conservatism as regards the devolution issue. The article goes on to argue that while the majority judgment's restrictive approach to the prerogative may be viewed as a progressive victory for constitutional principle, such an evaluation can be sustained only if a set of relatively traditional constitutional premises are adopted to begin with. The article also contends that the general approach adopted by the majority is problematic, given its willingness to invoke arguments of constitutional principle without adequately engaging with questions about what the pertinent principles are, and argues that such an intellectually lackadaisical mode of constitutional adjudication is to be deprecated.

scholarly journals A Knot Not to Be Cut? The Legacy of Brexit over the CJEU

2021 ◽  
Vol 9 (1) ◽  
pp. 27-36
Author(s):  
Marta Simoncini ◽  
Giuseppe Martinico
Keyword(s):  
European Union ◽  
Transition Period ◽  
The European Union ◽  
Advocate General ◽  
Court Of Justice ◽  
The Uk ◽  
The Impact ◽  
Structure And Activity ◽  
The Eu

What was the role of the Court of Justice of the European Union (CJEU) in the Brexit saga? And what will the impact of Brexit be over the future structure and activity of the CJEU? This article deals with this twofold question and explores three different issues. Firstly, we will offer a reflection on the questions and the risks raised by the Wightman case, where the CJEU ruled on the unilateral revocation of the UK notification of its intention to withdraw from the European Union under Art. 50 Treaty of the EU. Secondly, we will analyse the impact of Brexit on the composition of the CJEU and, particularly, the risks for the independence of the Court raised by the advanced termination of the mandate of the British Advocate General. Thirdly, we will provide some insights on the scope of the jurisdiction of the CJEU in the post-Brexit Union, emphasising how the Withdrawal Agreement maintained its jurisdiction during and even beyond the transition period. This article reflects the events that took place up to 6 October 2020.

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.

Public Law

2019 ◽  
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
Administrative Law ◽  
Public Law ◽  
Constitutional Change ◽  
European Law ◽  
The European Union ◽  
Diverse Range ◽  
Legal Principles ◽  
The Uk ◽  
Legislative Processes

Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law. It provides clear and insightful commentary on the key institutions, legal principles, and conventions, and blends this with a carefully selected and diverse range of materials and case studies. Part I covers the fundamentals of the constitution. Part II examines the executive function including protecting rights, government and accountability Part III looks at the legislative function including primary and delegated legislation, European Union treaties, and legislative processes. Part IV considers judicial and dispute resolution functions in terms of the judiciary, tribunals, the ombuds human rights, and constitutional change; Part V examines the European Union, including th institutions of the European Union, joining and leaving the Union and European Law in the UK courts.

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