Responding to Miller

Nick Barber and Jeff King reiterate their earlier argument, concluding that Miller was correctly decided. They also explain the limited scope of the judgment - confirming that the executive lacked the power to trigger Article 50 by the prerogative alone and not ordering that Parliament 'has its say'. 

By stirring up popular anger to pressure judges into deciding a case contrary to law to benefit the executive at the expense of Parliament, the reaction to Miller presents a grave threat to our constitutional order, a threat both to the rule of law and to the very structure of democracy in the United Kingdom.

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