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
Lallandspeatworrier - Scottish law blog - Ane absolute power to Cass, Annull and Dissable - Contrair to Law ..."
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
Institute for Government - The High Court's ruling v The government's plan to trigger Article 50
The Justice Gap - Brexit means Brexit (subject to parliamentary approval)
Spinninghugo - How the government lost
Verfassungsblog - The High Court judgment in Miller and others: Four brief remarks
Rightsinfo - Breaking: Government loses Brexit trigger challenge
Steve Cornforth blog - The Brexit judgment is all about the supremacy of our elected parliament
The Justice Gap - Brexit means Brexit (subject to parliamentary approval)
Spinninghugo - How the government lost
Verfassungsblog - The High Court judgment in Miller and others: Four brief remarks
Rightsinfo - Breaking: Government loses Brexit trigger challenge
Steve Cornforth blog - The Brexit judgment is all about the supremacy of our elected parliament
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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