constitutional law

R (Miller) v Secretary of State for Exiting the European Union is going to keep constitutional lawyers in the UK (and elsewhere in the Commonwealth) very busy for the upcoming months and years. Here's my humble early offerings on it.

The UK Supreme Court surprised no-one on Tuesday when it decided, by 8-3, that Parliament must pass specific authorising legislation before the UK Government can trigger article 50 and so begin the formal process of withdrawing from the European Union (or, "Brexiting").

Why is the Crown fighting a court case it knows it is very unlikely to win? Because doing so stops it from having to face cases it really would prefer not to deal with.

[Update: see important revisory note at post's end!]

Back in September I wrote this post about a Supreme Court decision that found quite a number of prisoners have been unlawfully detained because The Department of Corrections incorrectly had calculated their release dates.