R (Miller) v Secretary of State for Exiting the European Union

E187679

Brexit-related litigation United Kingdom Supreme Court case constitutional law case public law case

R (Miller) v Secretary of State for Exiting the European Union is a landmark 2017 UK Supreme Court case that held the government must obtain parliamentary approval before triggering Article 50 to leave the European Union.

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All labels observed (5)

Label	Occurrences
R (Miller) v Secretary of State for Exiting the European Union canonical	5
High Court decision in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin)	1
Miller v Secretary of State for Exiting the European Union	1
R (Miller) v The Prime Minister	1
R (on the application of Miller and another) v Secretary of State for Exiting the European Union	1

Statements (47)

Predicate	Object
instanceOf	Brexit-related litigation ⓘ United Kingdom Supreme Court case ⓘ constitutional law case ⓘ public law case ⓘ
alsoKnownAs	Miller ⓘ surface form: Miller (No 1) R (Miller) v Secretary of State for Exiting the European Union ⓘ surface form: Miller v Secretary of State for Exiting the European Union
citation	[2017] UKSC 5 ⓘ
country	United Kingdom ⓘ
court	Supreme Court of the United Kingdom ⓘ
decisionDate	2017-01-24 ⓘ
defendant	Secretary of State for Exiting the European Union ⓘ
dissent	3 ⓘ
dissentingOpinionBy	Lord Carnwath ⓘ Lord Hughes ⓘ Lord Reed ⓘ
fullCaseName	R (Miller) v Secretary of State for Exiting the European Union self-linksurface differs ⓘ surface form: R (on the application of Miller and another) v Secretary of State for Exiting the European Union
holding	the Government could not lawfully trigger Article 50 TEU without prior authorisation by an Act of Parliament ⓘ the royal prerogative could not be used to change domestic law or nullify statutory rights without parliamentary approval ⓘ
isConsidered	one of the most significant UK constitutional cases of the early 21st century ⓘ
isLandmarkCaseIn	United Kingdom constitutional law ⓘ
jurisdiction	United Kingdom ⓘ
leadClaimant	Gina Miller ⓘ
legalIssue	whether an Act of Parliament was required to notify the EU of the UK’s intention to withdraw ⓘ whether the UK Government could trigger Article 50 TEU using prerogative powers ⓘ
majority	8 ⓘ
majorityOpinionBy	Baroness Hale of Richmond ⓘ surface form: Lady Hale Lord Clarke ⓘ Lord Hodge ⓘ Lord Kerr of Tonaghmore ⓘ surface form: Lord Kerr Lord Mance ⓘ Lord Neuberger of Abbotsbury ⓘ surface form: Lord Neuberger Lord Sumption ⓘ Lord Wilson ⓘ
panelSize	11 justices ⓘ
precededBy	R (Miller) v Secretary of State for Exiting the European Union self-linksurface differs ⓘ surface form: High Court decision in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin)
ratioDecidendi	withdrawing from the EU would inevitably lead to changes in domestic law and removal of statutory rights, which requires primary legislation ⓘ
relatedLegislation	European Communities Act 1972 ⓘ European Union (Notification of Withdrawal) Act 2017 ⓘ European Union Referendum Act 2015 ⓘ
relatedTreaty	Treaty on European Union ⓘ
relatedTreatyArticle	Article 50 TEU ⓘ
resultedIn	requirement for Parliament to pass the European Union (Notification of Withdrawal) Act 2017 ⓘ
subjectMatter	Brexit ⓘ parliamentary sovereignty ⓘ royal prerogative ⓘ separation of powers ⓘ
yearDecided	2017 ⓘ

Referenced by (9)

Full triples — surface form annotated when it differs from this entity's canonical label.

European Union (Notification of Withdrawal) Act 2017 → precededBy → R (Miller) v Secretary of State for Exiting the European Union ⓘ

Royal prerogative of the United Kingdom → notableCaseLaw → R (Miller) v Secretary of State for Exiting the European Union ⓘ

this entity surface form: R (Miller) v The Prime Minister

European Communities Act 1972 → appliedInCaseLaw → R (Miller) v Secretary of State for Exiting the European Union ⓘ

R (Miller) v Secretary of State for Exiting the European Union → alsoKnownAs → R (Miller) v Secretary of State for Exiting the European Union ⓘ

this entity surface form: Miller v Secretary of State for Exiting the European Union

R (Miller) v Secretary of State for Exiting the European Union → fullCaseName → R (Miller) v Secretary of State for Exiting the European Union self-linksurface differs ⓘ

this entity surface form: R (on the application of Miller and another) v Secretary of State for Exiting the European Union

R (Miller) v Secretary of State for Exiting the European Union → precededBy → R (Miller) v Secretary of State for Exiting the European Union self-linksurface differs ⓘ

this entity surface form: High Court decision in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin)

Sewel Convention → relatedCase → R (Miller) v Secretary of State for Exiting the European Union ⓘ

Sewel Convention → interpretedIn → R (Miller) v Secretary of State for Exiting the European Union ⓘ