Introduction
The resounding defeat for the Government in Millerv Secretary of State has already produced a huge amount of academic commentary. In my view the role of legal academics is not necessarily to ‘take sides’ in litigation. It is simply to analyse the different legal arguments presented by each side, and by other legal academics, as best they can. That may result in them finding merit in, and criticisms to be made of, different arguments advanced by both sides.
In this post I make a number of rejoinders to some of the criticisms made of the High Court judgment both by legal academics and in the Government’s written case for appeal. As Nick Barber and Jeff King noted in their post published this week, this blogpost is complementary to theirs. This is because we agree on some, though not all of the arguments, each of us advances. I…
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Utopia, you are standing in it! 
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