Sir Jeffrey Jowell QC and Naina Patel: Miller Is Right

UK Constitutional Law Association

jowell-patelEven those of us who question the notion of absolute parliamentary sovereignty (eg. whether it should trump the rule of law in extreme situations such as the abolition of judicial review) wholly subscribe to the view that parliament, not the executive, should make or unmake our domestic laws.

In the case of R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), therefore, it seems plain that that in principle the prerogative power should not displace the power of parliament to trigger our withdrawal from the European Union (“EU”). Yet some of our respected colleagues writing on this website contend otherwise, drawing for analogy upon areas as remote from the Miller context as double tax agreements and the decision to exile the inhabitants of the Chagos Islands. Others are seeking to throw doubt on the Divisional Court’s judgment in Miller by questioning one of the…

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