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Nick Barber: Constitutional hardball and justified development of the law
by Policy Exchange | Sep 29, 2019
Related Content Did the Supreme Court get Millerright? The case was certainly one in which the judges developed, as opposed to merely applied, the law. Even the very best lawyer could not have known for sure whether the judges would conclude that the abuse of the...
Jane Smith: The demise of non-justiciability
by Policy Exchange | Sep 29, 2019
Related Content North and south of the Border, the courts at first instance dismissed the Miller/Cherry claims in short order as non-justiciable. Miller proceeded directly to the Supreme Court by virtue of the “leapfrog” procedure. Cherry, however, was appealed to the...
Anne Twomey: Article 9, parliamentary proceedings and the consequences of Miller (No 2)
by Policy Exchange | Sep 29, 2019
Related Content InMiller (No 2),the Supreme Court held that article 9 is intended to protect freedom of speech and debate in the Houses and their committees and the right of the Houses to manage their own affairs without external interference. While prorogation may...
Modernising the United Kingdom
by Policy Exchange | Sep 12, 2019
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