R (Miller) v Secretary of State for Exiting the European Union: Three Competing Syllogisms

20 Pages Posted: 14 Jul 2017

See all articles by Nicholas Aroney

Nicholas Aroney

The University of Queensland - T.C. Beirne School of Law; Emory University - Center for the Study of Law and Religion

Date Written: July 2017

Abstract

The Miller case concerned the constitutional requirements for the UK to give notice of its intention to withdraw from the EU pursuant to Article 50 of the Treaty on European Union. The parties made submissions in terms of two competing syllogisms. The Government argued that ministers, exercising Crown prerogative, had the power to give notice without statutory authorisation. The Applicants argued that the process required authorisation by Act of Parliament because the UK's withdrawal would deprive people of rights arising under EU law. However, a majority of the Supreme Court decided in favour of the Applicants based on a third and significantly different syllogism, based on the proposition that the European Communities Act had established EU law‐making and law‐interpreting institutions as new ‘sources of law’. This note assesses the three competing syllogisms and examines the constitutional significance of the majority's proposition that these new EU sources of law were integrated into UK domestic law without disrupting the principle of parliamentary sovereignty.

Suggested Citation

Aroney, Nicholas, R (Miller) v Secretary of State for Exiting the European Union: Three Competing Syllogisms (July 2017). The Modern Law Review, Vol. 80, Issue 4, pp. 726-745, 2017, Available at SSRN: https://ssrn.com/abstract=3002161 or http://dx.doi.org/10.1111/1468-2230.12282

Nicholas Aroney (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

Brisbane 4072, Queensland
Australia
+61-(0)7-3365 3053 (Phone)

HOME PAGE: http://https://researchers.uq.edu.au/researcher/104

Emory University - Center for the Study of Law and Religion ( email )

Atlanta, GA 30322
United States

HOME PAGE: http://cslr.law.emory.edu/people/faculty/aroney-nicholas.html

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