Miller 2: a Political Decision or a Saviour of the UK Constitution?

Al-Daraji, W. 2020. Miller 2: a Political Decision or a Saviour of the UK Constitution? Amsterdam Law Forum. 12 (3), pp. 26-31.

TitleMiller 2: a Political Decision or a Saviour of the UK Constitution?
TypeJournal article
AuthorsAl-Daraji, W.
Abstract

The simple outcome of Miller 2 is that the Executive lost, and Parliament returned to work. However, the judgment has led scholars to debate at length the Supreme Court’s decision. On the one hand, Loughlin views the decision as politically motivated, while on the other, Elliot views the decision as upholding the basic constitutional principles. I agree with Elliot that the Supreme Court’s decision is in line with the basic principles of the UK uncodified constitution. I will cover five relevant constitutional principles that support Elliot’s view: separation of powers, Parliamentary sovereignty, Bill of Rights, justiciability and rule of law. Before concluding, I shall highlight areas where the SC decision could have been drafted better for both Whitehall and Westminster.

KeywordsPublic Law
UK Parliament
Sovereignty
Supreme Court
JournalAmsterdam Law Forum
Journal citation12 (3), pp. 26-31
ISSN1876-8156
Year2020
PublisherVrije Universiteit Amsterdam Faculty of Law
Publisher's version
File Access Level
Open (open metadata and files)
Publication dates
Published31 Aug 2020

Related outputs

Great Power Privilege
Al-Daraji, W. 2021. Great Power Privilege. Amsterdam Law Forum. 13 (1), pp. 31-36.

Third Party Funding Regulation in Australia
Al-Daraji, W. 2021. Third Party Funding Regulation in Australia. International Bar Association.

Is it safe for Construction Sites to Stay Open?
Al-Daraji, W. 2020. Is it safe for Construction Sites to Stay Open? Construction Law International.

Third Party Funding Disclosure in England and Wales and in Australia
Al-Daraji, W. 2020. Third Party Funding Disclosure in England and Wales and in Australia. Dispute Resolution Journal. 75 (3), pp. 31-82.

Permalink - https://westminsterresearch.westminster.ac.uk/item/v0yxz/miller-2-a-political-decision-or-a-saviour-of-the-uk-constitution


Share this

Usage statistics

202 total views
178 total downloads
These values cover views and downloads from WestminsterResearch and are for the period from September 2nd 2018, when this repository was created.