Was R (Miller) v Secretary of State for Exiting the European Union correctly decided?

  • Jacob M. Nolan

Abstract

Jacob M. Nolan gives a timely examination of the case of R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union – arguably amongst the most important cases on constitutional law decided by the UK Supreme Court. In this landmark case the Supreme Court was required to rule on whether the UK Government (the executive) could trigger Article 50 of the Treaty on European Union without the authorisation of an Act of Parliament, through the use of the Crown’s prerogative. On an 8 – 3 majority, with Lords Reed, Carnwath, and Hughes dissenting, the Supreme Court upheld the previous High Court ruling that an Act of Parliament was first required.

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