Miller, Statutory Interpretation, and the True Place of EU Law in UK Law

Abstract

This article critically analyses the Supreme Court’s Miller judgment, taking it as an opportunity to reflect on the true place of EU law in UK law and on the right way to advance legal arguments on that point. It argues that the Miller majority did not provide an adequate answer to two strong arguments regarding interpretation of the European Communities Act 1972. Firstly, to the argument from the time-gap between enactment of the ECA and the moment Community law became directly effective in the UK. Secondly, to the argument from the purpose of s. 1(3) ECA, showing that the 1972 Act was enacted on the assumption of the orthodox dualist model.

Keywords: Miller & Anor v. Secretary of State, constitutional law, statutory interpretation, EU law, Brexit, incorporation, parliamentary sovereignty