The Brexit Litigation: A Guide for the Perplexed

Mullen, T. (2016) The Brexit Litigation: A Guide for the Perplexed. Scottish Constitutional Futures Forum [SCFF blog],

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This week, the UK Supreme Court is hearing four days of oral argument (5 – 8 December 2016) in the appeal from the decision of the High Court in R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), which decided in effect that the UK Government could not give notice of withdrawal from the European Union (EU) without parliamentary approval. The case has been hugely controversial, not only in the mass media, but also amongst legal commentators who have provided numerous blogs arguing both for and against the correctness of the decision. A decision is expected sometime in January 2017. This blog provides a brief discussion of some of the issues in the case. It does not pretend to be a comprehensive review of the arguments but I hope it gives a clear overview of what the central legal questions are and the contrasting views held on them.

Item Type:Articles
Additional Information:Also posted on<a href=""> School of Law Blog</a>
Glasgow Author(s) Enlighten ID:Mullen, Professor Tom
Authors: Mullen, T.
College/School:College of Social Sciences > School of Law
Journal Name:Scottish Constitutional Futures Forum [SCFF blog]
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