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19 Sep 2019, 10:01 am
The constitutional importance of this point is clear: in R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs, which was cited by Lord Pannick on behalf of Gina Miller during his oral submissions, Lord Hoffmann held that ‘the unique authority Parliament derives from its representative character’. [read post]
19 Sep 2019, 1:25 am by CMS
Notes that the Public Law Project will not be making oral submissions, but says these are important submissions. 1200: Michael Fordham QC says the closest case we have is Bobb & Anor v Manning (Trinidad & Tobago) [2006] UKPC 22 (25 April 2006). 11:55:  Michael Fordham QC submits it is accepted prerogative power has to be exercised in the public interest. 11:48: Michael Fordham QC queries whether there is some magic for prerogative powers. [read post]
18 Sep 2019, 1:18 am by UKSC Live Blogging
  It is noted by him that this principle has not been developed to the same degree in Scotland as it may have been south of the border. 1544: Aidan O’Neill QC states that there is no ‘No-deal’ statute. 1542:  Lady Hale states that there is always a difficulty faced by the courts as to whether the court should accept the agreement of the parties (referring to the Miller case). [read post]
17 Sep 2019, 1:26 am by CMS
  However in so far as they seek to declare it “null” and of “no effect” he submits that they went too far and where they cannot go. 14:16: Lord Keen QC notes that this principle is consistent with extensive authority and which Sir James Eadie QC will address in due course in further detail. 14:14: Lord Keen QC notes that the Inner House accepted that the principle of non-justiciability exists in public law and that the question of whether something is… [read post]
16 Sep 2019, 7:28 am by CMS
In England & Wales, Gina Millar (the businesswoman who brought the UK Supreme Court appeal of R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5) also raised proceedings, following the Queen’s signing of the Order in Council. [read post]
16 Sep 2019, 4:30 am by Ray Dowd
” Copyright Litigation Handbook § 9:9 (Motions to dismiss for failure to state a claim ) (2010). [read post]
13 Sep 2019, 2:58 am by Walter Olson
Miller, WLF] Tags: bankruptcy, Class Action Fairness Act, Elizabeth Warren, junk science, Kansas, New York state, roads and streets, silicone breast implants, third party liability for crime [read post]
5 Sep 2019, 12:49 am by CMS
Aidan O’Neill QC submits that the judges in R (Miller) v Secretary of State for Exiting the European Union therefore erred when concluding that the triggering of Article 50 “is a bullet that cannot be withdrawn. [read post]
4 Sep 2019, 1:03 pm by CMS
 In England & Wales, Gina Millar, the businesswoman who brought the UK Supreme Court appeal of R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5 has also commenced proceedings, with a hearing fixed for tomorrow, Thursday 5 September 2019 (interventions in those proceedings include the shadow Attorney General Shami Chakrabarti, the Welsh Government, the Scottish Government and the former Prime Minister… [read post]
3 Sep 2019, 10:29 am by Patricia Hughes
This approach is more in keeping with the presidential system in, for example, the United States, and not consistent with the Westminster form of government, in which an election can occur at any time, with the approval of the Governor General. [read post]