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

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.