Supervision 4 2022

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DEPARTMENT OF LAND ECONOMY
LAND ECONOMY TRIPOS 2022, Part 1A
Paper 2: The Public Sector: Institutional and Legal Frameworks: Public Law
Supervision 4 – The Constitution and Brexit
Reading
Elliott and Thomas: Public Law 4th ed Ch. 9 The EU and Brexit pp. 355-396 
Cases
R (Miller) v Secretary of State for Exiting the European Union [2017[ UKSC 5 (Supreme Court) (available on moodle)
This case is referred to below as “Miller (No. 1)”.
R (Miller) v Prime Minister [2019] EWHC 2381 (QB) (Divisional Court) (available on moodle)
R (Miller) v Prime Minister; Cherry v Advocate General for Scotland [2019] UKSC 41(Supreme Court) (available on moodle)
This case is referred to below as “Miller (No. 2)”.
Further reading
Mark Elliott: The Supreme Court’s Judgment in Miller January 25, 2017 (available on moodle) 
Mark Elliott: The Supreme Court’s judgment in Cherry/Miller (No 2): A new approach to constitutional adjudication? September 24 2019 (available on moodle)
Nicoll: Supreme Court Against the People September 25 2019 (available on moodle)
Alison Young: R. (Miller) v Secretary of State for Exiting the European Union: thriller or vanilla? E.L. Rev. 2017, 42(2) 280-295 (available on Westlaw journals)
Learning Outcomes
At the end of this supervision students will be able to
· Evaluate the role of referenda in the UK’s Westminster system of government
· Explain the legal issues raised in the Miller cases
· Compare and critically evaluate the reasoning of the judges in the Miller cases
· Evaluate the constitutional significance of Miller 1 and Miller 2
Indicative Questions:
1. When did the UK decide to leave the European Union? Who made the decision?
2. What role should referenda have in the UK’s “Parliamentary democracy”?
3. What was the legal issue in Miller (No. 1)?
4. What were the essential arguments for (i) the claimants and (ii) the defendants?
5. What was the decision of the Supreme Court?
6. What was the reasoning of the judges in the majority?
7. What was the reasoning of the judges in the minority?
8. What was the legal issue in Miller (No. 2)?
9. What was the decision of the Divisional Court? What was its reasoning?
10. What was the decision of the Supreme Court? What was its reasoning?
11. What is the constitutional significance of these cases?