Monday, 28 November 2016

The Brexit case ~ the material comes together

UPDATED 12th December 2016

The High Court Decision:

The Queen on the application of (1) Gina Miller and others; (2) Deir Tozetti Dos Santos v The Secretary of State for Exiting the European Union.   Here is the High Court's full judgment.

Transcripts of the High Court hearing

Update 1/12/16 - Supreme Court - Article 50 Brexit appeal - links to all the written cases

Update 2/12/16 - Supreme Court - Full details of the hearings including timetable


: Other links :

AFTER the hearing

Added 12th December

King's Law Journal - various items



Few cases have attracted as much comment prior to the hearing.  The following are links to articles that I have come across.  This is unlikely to be a comprehensive list.  The "Added" dates refer to the date when the link was added to this earlier post.


Added 2nd December

UK Constitutional Law Blog - Stijn Smismans - About the revocability of withdrawal: Why the EU (Law) interpretation of Article 50 matters.


UK Constitution Law Blog - Thomas Poole - Losing our Religion? Public Law and Brexit.


Added 26th November

Research Briefings Parliament - Leaving the EU: Future UK-EU relationship


Supreme Court announcement on interveners

Court of Justice of the EU - Recommendations to national courts - Preliminary references

Lord Millett - Prerogative power and Article 50 of the Lisbon Treaty

UK Constitutional Law Association blog - Gavin Phillipson - The Miller case Part 1 - a response to some criticisms

Added 24th November

Edwin Coe LLP has now filed Mr Dos Santos’ written case in the Supreme Court -


London review of Books - Frederick Wilmot-Smith - Who speaks for the State?

Added 23rd November

Oxford Human Rights Hub - Paul Craig - Miller: Alternative Syllogisms

Added 22nd November

UK Constitutional Law Association blog - Jeff King and Nick Barber: In defence of Miller

Added 21st November

Exeter University - Aurel Sari - Reversing a Withdrawal Notification under Article 50 TEU: Can the Member States change their mind?

Professor Mark Elliott - Article 50, the Royal Prerogative and the European Parliamentary Elections Act 2002

Added 19th November

Anderson Strathern - Article 50 legal challenges: an update

Mikolaj Barczentewicz - Consequences of the High Court's reasoning in the Article 50 judgment

Added 17th November

Alison Young - R (Miller) v Secretary of State for Exiting the EU: Constitutional adjudication - Reality over legality?

Francesco de Cecco - Miller, Article 50 revocability and the question of control

Queens University Belfast - Brexit Resource and also article by Professor Dagmar Schiek - High Court ruling on withdrawal from the EU - a legal perspective

Aberdeen University - Dr Robert Brett-Taylor - The Brexit case: The reasoning, implications and potential consequences of the High Court's judgment

Aberdeen University - Dr Justin Borg-Barthet - Yeah but, No but: Why the High Court was right and wrong in the Brexit case

Added 16th November

Ewan Smith - Treaty rights in Miller and Dos Santos v Secretary of State for Leaving the EU

Robert Craig: The abeyance principle and the frustration principle

Added 15th November

Professor Sionaidh Douglas-Scott - Why the government should still lose in the Supreme Court even with new arguments

House of Commons Library - Research Briefing - Brexit and the EU Court

Added 14th November

University of Bristol Law School blog - Dr. Eirik Bjorge - EU rights as British rights

UK Constitutional Law - Campbell McLachlan QC - The Foreign Affairs Treaty Prerogative and the Law of the Land

UK Constitutional Law - Kieron Beal QC - The taxing issues arising in Miller

Monckton Chambers - George Peretz QC - Will the Supreme Court have to make a reference to the Court of Justice of the EU in Miller/: further thoughts

Matrix Chambers - Brexit Round-up - Week commencing 7th November

Added 10th November

Andrew Henshaw QC (Brick Court Chambers) - The Brexit case: an alternative view 

Keith Ewing - UKCLA - A Review of the Miller decision

Added 9th November

Judicial Power Project - Christopher Forsyth - The High Court's Miller judgment - (A clearly written analysis of why the author considers that the High Court may have gone wrong)

UK Constitutional Law Association - David Feldman - Brexit, the Royal Prerogative and Parliamentary Sovereignty

Added 8th November

UK Constitutional Law Association - Jeff King (Professor of Law, UCL) - What next? Legislative authority for triggering Article 50.

Youtube (4 mins) 5th July 2016 - Professor Michael Dougan (University of Liverpool) talking to Parliamentary committee about the process of leaving the EU.

UK Human Rights Blog - Parliament prevails

7th November and before

Mark Elliott and Hayley J. Cooper: Critical reflections on the High Court's judgment in R (Miller) v Secretary of State for Exiting the EU - (Here is a detailed critique of the Miller judgment.  Lengthy but worth the effort).

Oxford Human Rights Hub - Sandra Fredman - The least dangerous branch: Whose role is it to protect Parliamentary Sovereignty?  Miller and the human rights implications of Brexit

UK Constitutional Law Association - Nick Barber and Jeff King: Responding to Miller

Greg Callus - A Typo in the Constitution blog - After the Miller judgment  

Paul Daly - Administrative Law Matters - Some thoughts on R (Miller) v Secretary of State for Exiting the EU [2016] EWHC 2768. 

Prospect - What does today's High Court ruling on Article 50 mean?

David Allen Green - Financial Times (£) - The Article 50 decision is taken out of Theresa May's hands

LSE - Jo Murkens - The High Court ruling explained: An embarrassing lesson for Theresa May's government.

Queen Mary University - Professor Sionaidh Douglas-Scott responds to Brexit judgment

How to Crack a Nut blog - Albert Sanchez Graells - Why an appeal of the High Court Parliamentary Approval Brexit judgment will bring the litigation to the Court of Justice of the EU

EU Law Analysis - Steve Peers - Brexit: can the ECJ get involved?

Liverpool University - Viewpoint: Legal analysis of today's successful; Article 50 challenge

Barrister Blogger - Rushed, barely coherent thoughts on today's Article 50 judgment

Law Society Gazette - Brexit: the court speaks

Head of Legal - Carl Gardner - Why the High Court got the law wrong about Brexit

Public Law for Everyone - Prof Mark Elliott - On whether the Article 50 decision has already been taken

Public Law for Everyone - Prof. Mark Elliott - The High Court's judgment in Miller: A Brief Comment

Judicial Power Project - High Court Miller Judgment: Expert reactions 

Jamie Foster - Brexit gunpowder treason and plot

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