Thread by @Dr_Joe_McIntyre

A couple of days have past since the #Miller2 #Cherry #prorogation was handed down by the @UKSupremeCourt, and we are starting to see a range of commentary emerge.

This thread is an attempt to collate that material in one spot. I will try to maintain it as things appear

Firstly, the decision itself - as well as links to the hearing and delivery of judgment, is available here:

supremecourt.uk/cases/uksc-201…

Here are some useful 'Explainers' and 'Summaries'

@ProfMarkElliott (short explainer): publiclawforeveryone.com/2019/09/25/100…

@Fergal_Davis: commonslibrary.parliament.uk/parliament-and…

@JonathanMetzer: ukhumanrightsblog.com/2019/09/24/sup…

Analysis and Critique

@ProfMarkElliott: publiclawforeveryone.com/2019/09/24/the…

@pauldalyesq:
administrativelawmatters.com/blog/2019/09/2…

@DrTomPoole:
prospectmagazine.co.uk/politics/under…

Michael Wilkinson @Verfassungsblog:
verfassungsblog.de/a-constitution…

Dany Nicol: ukconstitutionallaw.org/2019/09/25/dan…

Errol Mendes @3mendous provides a Canadian perspective in the @globeandmail:
theglobeandmail.com/opinion/articl…

A series of short responses from the DCU Brexit Institute @DCU_Brexit_Inst:

Stephen Tierney:
dcubrexitinstitute.eu/2019/09/the-uk…

Giovanni Zaccaroni @Grattacieloblu:
dcubrexitinstitute.eu/2019/09/the-uk…

@DrAlanGreene:
dcubrexitinstitute.eu/2019/09/not-a-…

(let me know as more come in and I will add them to the list...)

Morning time in the UK, and a bunch of new contributions. These three from @ukcla

Simon Lee @paradoxbridge ukconstitutionallaw.org/2019/09/26/sim…

@SamFowles:
ukconstitutionallaw.org/2019/09/26/sam…

Alex Green @GlexAreen:

ukconstitutionallaw.org/2019/09/26/ale…

@ukcla @paradoxbridge @SamFowles @GlexAreen More are out today. Firstly, a couple that have been highlighted in the comments

From John Stanton: blogs.lse.ac.uk/politicsandpol…

and Tarun Khaitan @tarunkhaitan

blogs.lse.ac.uk/brexit/2019/09…

This from Sionaidh Douglas-Scott that I missed initially:
prospectmagazine.co.uk/politics/an-ex…

A nice (Australian) comparative perspective from Anne Twomey:

theconversation.com/the-uk-supreme…

From Kenneth Armstrong @ProfKAArmstrong on the ruling of the UK's emergent 'constitutional court'

brexittime.com/2019/09/24/the…

A couple more from the @ukcla

- From @jasimsoncaird on the confirmation of the
Westminster' of the constitution:

ukconstitutionallaw.org/2019/09/27/jac…

- And @lorneneudorf, lifting our eyes to consider the broader impact on the scrutiny of delegated legislation:

ukconstitutionallaw.org/2019/09/27/lor…

And a very long analysis from John Finnis at the Judicial Power Project @judicialpwr, unsurprisingly labelling the judgment a 'historic mistake':

policyexchange.org.uk/wp-content/upl…

@judicialpwr And this one by Chris Daw @crimlawuk using vivid imagery:

blogs.spectator.co.uk/2019/09/the-su…

@judicialpwr @crimlawuk And a cracker by Stephen Sedley in @LRB:

lrb.co.uk/v41/n19/stephe…

@judicialpwr @crimlawuk @LRB This might be my favourite one so far. Not least for this great quote:

'To the contention that it was a purely political issue, the court in effect responded that breaking the law for political reasons was still breaking the law'

@judicialpwr @crimlawuk @LRB and this:

"The summary is itself a document of lambent cogency which ought to become required reading for students, whether of law or politics or for that matter the English language."

@judicialpwr @crimlawuk @LRB and this great kicker to finish:

'The Supreme Court, as much by its unanimity ... as by its reasoning, has re-lit one of the lamps of the United Kingdom’s constitution: that nobody, not even the Crown’s ministers, is above the law.'

@judicialpwr @crimlawuk @LRB Lots more coming out, including a whole series from the Judicial Power Project @judicialpwr "Debating the Supreme Court’s prorogation judgment"

judicialpowerproject.org.uk/debating-the-s…

It kicks off with Allison Young with a 'full-throated defence of the judgment':
judicialpowerproject.org.uk/alison-young-d…

Nick Barber argues 'the judgment was a justified development of the law in response to unconstitutional action'

judicialpowerproject.org.uk/nick-barber-co…

Anne Twoomey analyses 'the extent to which the judgment invites legal challenges to dissolution and royal assent'

judicialpowerproject.org.uk/anne-twomey-ar…

Jane Smith explores 'the judgment’s implications for the idea of non-justiciability'

judicialpowerproject.org.uk/jane-smith-the…

@AileenMcHarg agues 'the various argumentational moves employed by the court to disguise the novelty of its reasoning '
judicialpowerproject.org.uk/aileen-mcharg-…

Paul Yowel on the underexposed politics of the decision:

judicialpowerproject.org.uk/paul-yowell-mi…

David Tomkins comparing the decision to Anisminic:

judicialpowerproject.org.uk/dr-david-tomki…

And Stephen Tierney describing the Court as searching for 'a legal remedy for a political problem':

judicialpowerproject.org.uk/stephen-tierne…

Another one from the comments - Three @EssexLawSchool
scholars - @StevePeers , Maurice Sunkin, & Charilaos Nikolaidis - with a podcast on the case (thanks for the heads up @TaraVanHo)

soundcloud.com/uniofessex/epi…

Another couple from @ukcla :

One from Aris Georgopoulos:

ukconstitutionallaw.org/2019/09/30/ari…

And from Mike Gordon @mjg_constitlaw attempting to assess the implications of the decision for the UK's political constitution:

ukconstitutionallaw.org/2019/09/30/mik…

@ukcla @mjg_constitlaw Todays offerings from @ukcla:

One from Theodore Konstadinides, Noreen O’Meara and Riccardo Sallustio on the context and implications of the decision:

ukconstitutionallaw.org/2019/10/02/the…

And one from Michael Detmold challenging the extent/exercise distinction
ukconstitutionallaw.org/2019/10/02/mic…

@ukcla @mjg_constitlaw And @judicialpwr project continue their series.

We have our first repeat entrant, with Jack Simon Caird @jasimsoncaird challenging the idea that the Courts approach to constitutional interpretation was political and therefore problematic:

judicialpowerproject.org.uk/jack-simson-ca…

And one from Helen Dale on the rise of the UKSC as a constitutional court (and making the 'practitioner' point that the Government argued its case before the Supreme Court very poorly on the issue of fact):

lawliberty.org/2019/10/01/bri…

Here is @JoelleGrogan on @Verfassungsblog with a useful reflection one week in, and posing the question of whether we will see Miller (3) & (4) ....

verfassungsblog.de/the-rule-of-la…

@JoelleGrogan @Verfassungsblog Here is one slightly from left field, by Barbra Rich @BarbaraRich_law examining the cult of the 'girly swot' that has arising around Lady Hale 🕷️ in the last week:

medium.com/@abarbararich/…

I had some doubt as to whether this ⬆️belonged on this threat, as it does not directly analyse the decision. However, not only is it eminently readable, I think it is useful to examine the issue of the judicial agent &its portrayal given critiques of the Court swirling around

This one from Meg Russel at the @ConUnit_UCL on the exposure of myth of executive-dominance in the British system

constitution-unit.com/2019/09/27/the…

@ConUnit_UCL Here is one from Nicholas Reed Langen unpacking some of the politics and the potential 'americanisation' of the UKSC

thejusticegap.com/could-brexit-e…

and one of his I missed earlier:

project-syndicate.org/commentary/uk-…

@ConUnit_UCL This is a useful analysis of the whole shebang for an American audience by Paul Yowell:

firstthings.com/web-exclusives…

@ConUnit_UCL Sorry people, I have been falling a bit behind. Here's one from Amada Sapienza @auslawnerd on @adminlawblog on the impact of the decision on justiciability of prerogative powers in Oz

adminlawblog.org/2019/10/07/ama…

(The article references this thread, making it all a bit meta...)

@ConUnit_UCL @auslawnerd @adminlawblog And this really interesting piece from them Clerks of the Journals of Commons and Lords explaining how Parliament dealt with the decision:

hansardsociety.org.uk/blog/as-if-the…

@ConUnit_UCL @auslawnerd @adminlawblog This from Nick Barber making some interesting points about the self-perception of the Supreme Court and its understanding of its role, and its response to the PM 'constitutional hardball'

blog.harvardlawreview.org/prorogation-pr…

@ConUnit_UCL @auslawnerd @adminlawblog Ok peeps, time to wrap up this thread. I have tried to pull together all the various contributions and posts in one spot in my own post, available here:

dcubrexitinstitute.eu/2019/10/the-di…

Thanks again for the many diverse and interesting contributions