The broken conduit? A seminar on the Supreme Court’s Miller judgments

The broken conduit? A seminar on the Supreme Court’s Miller judgments


6:00 pm - 7:30 pm


Large Pension Room, Gray's Inn
8 South Square, London, WC1R 5ET

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ALBA’s first seminar for 2017 will consider the Supreme Court’s judgments in Miller and Dos Santos v Secretary of State for Exiting the European Union (“Miller”) (and the joined cases with it). Discussing the decision will be Professors Nick Barber and John Finnis. Professor Barber was co-author of ‘Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role’, published in the immediate aftermath of the Brexit vote which first advanced the argument that the Prime Minister was constitutionally unable to issue a notification triggering the UK’s withdrawal from the European Union without having been first authorised to do so by an Act of the United Kingdom Parliament, as to do so would be to remove rights created by statute. Professor Finnis responded to this argument by contending that there was no requirement for statutory authorisation as the rights at the core of the Claimants’ case were not statutory rights at all, but rather European rights, brought into the United Kingdom legal system through the ‘conduit pipe’ of a statute. This argument formed the centerpiece of the Government’s appeal to the Supreme Court and is reflected in the dissenting judgments.

Chairing the discussion will be Helen Mountfield Q.C, who was leading counsel for the “People’s Challenge” parties before both the Divisional Court and Supreme Court in Miller.

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