The role of the Supreme CourtJack_Ballantyne_ph[1]

A memorable pre-Christmas battle is expected as The Secretary of State for Exiting the European Union defends his right to carry out the Government’s instructions in the Supreme Court. But what can we expect from a court with a self-declared purpose to concentrate on cases of “the greatest public and constitutional importance”?  It is difficult to conceive of a case that better fits this description than R (Miller & Anor) v Secretary of State for Exiting the European Union.  Adding to the sense of theatre is a symbolic backdrop in which the Supreme Court represents a separation of the UK’s final appellate court from the legislature on the opposite side of Parliament Square.  On the legal issues alone, Miller represents a significant decision on the prerogative of Parliament and Government to alter the rights of British citizens and it could well be the case that defines the Supreme Court for years to come.  At the very least it is a case that has put its Justices in the spotlight.

Continue reading »