Mark Elliott and Hayley J. Hooper: Critical reflections on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union
The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union  EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to astonishing and wholly misguided criticism by politicians and the press. Let us be clear, then, at the outset of this post that we entertain no doubt whatever about the constitutional appropriateness of the Court ruling on the question that was put to it in Miller. The question for the court was solely a legal question about the extent of executive authority. It was not, as some tabloid newspaper outlets have suggested, an opportunity seized by an elite judiciary to usurp the will of the people. Questions on the legal limits of governmental authority are par excellence questions for courts in any democracy based on the rule of law.
To criticise the Miller judgment — and the judges…
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