Topic

‘Miller: The Prerogative and Constitutional Change’

Author/Academic

Cormac Mac Amhlaigh

Viewpoint

This article reflects on the scope of prerogative powers under the UK Constitution, and their relationship to statute, in light of R (on the application of Miller) v Secretary of State for Exiting the European Union (2017) on whether the UK Government could rely on prerogative power to give notice under Art 50 Treaty on European Union (TEU) of the intention to withdraw from the EU, or whether statutory approval was required.

Source

(2017) 21(3) Edinburgh Law Review 448–454

Topic

‘A Simple Application of the Frustration Principle: Prerogative, Statute and Miller’

Author/Academic

Robert Craig

Viewpoint

Robert Craig argues that the judgment in R (on the application of Miller) v Secretary of State for Exiting the European Union, on whether notification of an intention to withdraw from the EU under Art 50 TEU was within prerogative powers, was correctly decided. It reviews the constitutional issues underpinning the case, and suggests why Miller does not fall within the abeyance principle but rather exemplifies the application of the frustration principle.

Source

[2017] (Nov) Public Law Supp, Brexit Special Extra Issue, 25–47

Topic

‘Miller, Structural Constitutional Review and the Limits of Prerogative Power’

Author/Academic

Paul Craig

Viewpoint

This article discusses constitutional law issues raised by the ruling in R (on the application of Miller) v Secretary of State for Exiting the European Union (2017). Reviews the facts of the case, the stages of analysis when considering prerogative powers, case law on the limits of such powers, and how these were interpreted in Miller. It also examines the distinctions between the majority and dissenting views in the case, and suggests why the majority was correct.

Source

[2017] (Nov) Public Law Supp, Brexit Special Extra Issue, 48–72

Topic

‘Legislating about the Monarchy’

Author/Academic

Rodney Brazier

Viewpoint

Considers the reasons why very little legislation about the monarchy has been enacted in recent times, including the reluctance of politicians to engage with the political consequences of changes to the status quo and the parliamentary barriers to such constitutional reform. It discusses the issues of legislative methodology that would be raised by legislation about the monarchy. It assesses the likelihood that such legislation will be enacted in the future, particularly with the accession of HRH Prince of Wales.

Source

(2007) 66 Cambridge Law Journal 86–105