Miller, Brexit Documentation

Ruairi O'Neill
Obiter Dicta
Published in
2 min readJan 25, 2017

On Tuesday 24 January 2017, the UK Supreme Court ended the legal discussion on the appropriate institution of state to initiate the Brexit process. For those of you who wish to use the legal issues dealt with in this case as part of a comparative analysis, below is a list of legal documents and blog posts that have dealt with the multiple issues the form the legal discussion:

Court Documents

Judgment of the UKSC 24 January 2017

Judgment of the High Court 3 November 2016

Documentation and Transcripts for the UKSC hearing

Blog posts

T.T. Arvind, Richard Kirkham, and Lindsay Stirton: Article 50 and the European Union Act 2011: Why Parliamentary Consent Is Still Necessary

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role

Kieron Beal QC: The Taxing Issues arising in Miller

Ana Bobic and Josephine van Zeben: Negotiating Brexit: Can the UK Have Its Cake and Eat It?

Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit

Robert Craig: Miller Supreme Court Case Summary

Kenneth Campbell QC: How Devolution Has Altered Some Fundamentals of the British Constitution

Hasan Dindjer: Sources of Law and Fundamental Constitutional Change

Sionaidh Douglas-Scott: Brexit, Article 50 and the Contested British Constitution

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis?

Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court

Piet Eeckhout: The UK Decision to Withdraw from the EU: Parliament or Government?

Timothy Endicott: Parliament and the Prerogative: From the Case of Proclamations to Miller

Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’

David Howarth: The Government’s Fatal Concession in Miller

Jeff King and Nick Barber: In Defence of Miller

Campbell McLachlan QC: The Foreign Affairs Treaty Prerogative and the Law of the Land

Paul Reid: Time to Give the Sewel Convention Some (Political) Bite?

Jack Williams: The Supreme Court’s Approach to Prerogative Powers in Miller: An Analysis of Four E’s

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