Few very long judgements are worth reading in full. R (on the Application of Miller and another) v Secretary of State for Exiting the EU[1] („Miller 1”) and R (on the Application of Miller) v The Prime Minister[2] („Miller 2”)… Read moreIn Praise of the British Judiciary: The <em>Miller</em> decisions as Reasons for Optimism
When faced with a conflict between rights, the most common approach of European courts is to balance them against one another. They apply the renowned “balancing test”, a four-stage process which consists of balancing the two rights or interests against… Read moreHouse of Cards: Fundamental Rights as Aces
Lord Thomas of Cwmgiedd describes the attitude that courts have towards arbitration succinctly: “Maximum support. Minimum interference”[1]. That surely is the ideal. But in practice it is not always easy to draw the line between support and interference. As leading… Read moreSeparability and Competence-Competence: A Comparative Perspective
