R (on the Application of Miller and Another) v. Secretary of State for Exiting the European Union

[2017] UKSC 5 (2017)

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R (on the Application of Miller and Another) v. Secretary of State for Exiting the European Union

United Kingdom Supreme Court
[2017] UKSC 5 (2017)

Facts

In June 2016, a referendum in the United Kingdom (UK) asked voters whether the UK should leave the European Union (EU). A majority of voters favored withdrawing from the EU, and the UK government subsequently announced that the UK would withdraw. Gina Miller and Deir dos Santos (plaintiffs) brought an action against the secretary of state for exiting the European Union (defendant), questioning whether parliamentary consent was needed for the UK government to initiate withdrawal. In that action, questions were raised regarding whether the devolved legislatures of Scotland, Wales, and Northern Ireland had to consent to the withdrawal before the UK government could begin the withdrawal process. The UK Supreme Court held that Parliament must give consent before withdrawal could be initiated and then turned to the devolution issue.

Rule of Law

Issue

Holding and Reasoning (Neuberger, Hale, Mance, Kerr, Clarke, Wilson, Sumption, Hodge, J.J.)

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