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R (Miller) v Secretary of State for Exiting the European Union [1] is a United Kingdom constitutional law case decided by the United Kingdom Supreme Court on 24 January 2017, which ruled that the British Government (the executive) might not initiate withdrawal from the European Union by formal notification to the Council of the European Union ...
Either form may be abbreviated R (Miller) v Secretary of State for Exiting the European Union. In Scotland, criminal prosecutions are undertaken by the lord advocate (or the relevant procurator fiscal) in the name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for His/Her Majesty's Advocate, in place of ...
The Secretary of State had not appointed a day, and in 1993 said they would not. A compensation scheme had been running since 1964 under the Crown's prerogative power, but instead of moving to a statutory scheme, the Secretary of State said that a new non-statutory tariff scheme would be introduced with compensation fixed according to tariffs ...
The House of Lords allowed the appeal. Lord Steyn gave the leading judgment. Lord Hoffmann agreed with Lord Steyn and said the following. [note 1]Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights.
Secondly, the Secretary of State could not rely on article 4.3(d) because the illegality of the regulations and the notice prevented the Secretary of State being able to argue that the work was part of Ms Reilly's "normal civic obligations". In our judgment the argument fails at the first step.
R v Secretary of State for the Home Department, ex parte Doody [1993] UKHL 8, [1994] 1 AC 531 was an important UK constitutional law case concerning applications for ...
The adoption of planning policy and its application to particular facts is quite different from the judicial function. It is for elected Members of Parliament and ministers to decide what are the objectives of planning policy, objectives which may be of national, environmental, social or political significance and for these objectives to be set out in legislation, primary and secondary, in ...
It was cited in 2017 by a divisional court of the High Court in its landmark judicial review decision, R (Miller) v Secretary of State for Exiting the European Union, [7] concerning whether the UK government had the power, under the Crown's foreign affairs prerogative, to serve a notice triggering Brexit following the "leave" vote in the 2016 ...