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What year did this case occur?
2016
Who is the Secretary of State for Exiting the European Union?
David Davis
What two relationships does this case illustrate?
1) The relationship between the legislature and the executive
2) The relationship between the judiciary and the executive
Who requested a judicial review?
Gina Miller
Why was a judicial review requested?
She requested a judicial review of whether the Secretary of State for Exiting the European Union had the prerogative powers to trigger article 50
What was her legal argument?
Her legal argument was that parliament is sovereign and this stands above the claimed prerogative power to bring the UK out of the EU.
What did the High Court rule?
The High Court ruled that the government did not have such prerogative power and the sovereignty of parliament had to be exercised in this case.
What constitutional realities did the Miller case illustrate regarding limits of government?
The judiciary is to determine the limits of the government's prerogative powers
What constitutional realities did the Miller case illustrate regarding rule of law?
Rule of law is superior to political considerations
What constitutional realities did the Miller case illustrate regarding referendums?
Referendums are not legally binding and their outcome must be confirmed by the legislature, not the executive
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