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Recent Blogs
Michael Sexton: Judicialising politics
Related Content The Supreme Court’s decision in Miller/Cherry that suspending Parliament was unlawful is an extraordinary contribution to a long term trend in Western countries: the judicialisation of politics, that is, the transfer of political, social and economic...
Jack Simson Caird (Bingham Centre for the Rule of Law): The politics of constitutional interpretation in the UK
Related Content The core of the task facing the Supreme Court in Cherry/Miller was to interpret and apply constitutional and legal principles. One of the striking things about the judgment is the forthrightness with which the justices set out their collective view...
Paul Yowell: Miller (No 2) and political questions
Related Content The figures just published do not signify an actual increase in incidents of hate In Bush v Gore (2004) the US Supreme Court stopped Florida’s recount of votes in the presidential election, sealing George Bush’s slim lead. After time for reflection,...
Dr David Tomkins: The Anisminic of justiciability?
Related Content Some cases end up deciding much more in retrospect than they did at the time they were decided. The case of Anisminic [1969] 2 AC 147 (HL) comes to mind as one of the clearest examples of such a case in public law, with later courts taking the judgment...
Stephen Tierney: Turning political principles into legal rules: the unconvincing alchemy of the Miller/Cherry decision
Related Content The Government’s decision to use the prorogation power for questionable political purposes was a provocation to the courts. Unfortunately, the Supreme Court’s understandable discomfort with the Government’s move led it to search for, and ultimately...
Aileen McHarg: The Art of Judicial Disguise
Related Content The prorogation case is undoubtedly the most challenging that the Supreme Court has had to deal with so far in its relatively short history, involving a high-stakes dispute in extremely politicised territory in which there was a real risk to the...
Nick Barber: Constitutional hardball and justified development of the law
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
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)
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...
Alison Young: Deftly guarding the constitution
Related Content The Supreme Court’s decision in Miller v Prime Minister and Cherry v The Advocate General is to be welcomed. It demonstrates a delicate balance between law and politics, affirming the Supreme Court’s role as the guardian of the UK’s constitution.The...
