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R (Miller) V Secretary Of State For Exiting The European Union
''R (Miller) v Secretary of State for Exiting the European Union'' is a United Kingdom constitutional law case decided by the United Kingdom Supreme Court on 24 January 2017, which ruled that the British Government (the executive) might not initiate withdrawal from the European Union by formal notification to the Council of the European Union as prescribed by Article 50 of the Treaty on European Union without an Act of Parliament giving the government Parliament's permission to do so. Two days later, the government responded by bringing to Parliament the European Union (Notification of Withdrawal) Act 2017 for first reading in the House of Commons on 26 January 2017. The case is informally referred to as "the ''Miller'' case" or "''Miller I''" (to differentiate with Miller's later Brexit-related case against the Government, ''Miller II''). The Supreme Court's decision was given on appeal from the High Court's ruling that the Crown's foreign affairs prerogative, which is exe ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an ...
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Devolution In The United Kingdom
In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd (Welsh Parliament), the Northern Ireland Assembly and the London Assembly and to their associated executive bodies the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities. Devolution differs from federalism in that the devolved powers of the subnational authority ultimately reside in central government, thus the state remains, ''de jure'', a unitary state. Legislation creating devolved parliaments or assemblies can be repealed or amended by parliament in the same way as any statute. Legislation passed following the EU membership referendum, including the United Kingdom Internal Market Act 2020, has undermined and restricted the authority of the devolved legislatures in both Scotland and Wales. Irish hom ...
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Government Of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system of government with a separate executive drawn from and accountable to the legislature. Provisions The Act has the following provisions: *creates an executive body—the Welsh Assembly Government (known since May 2011 as the Welsh Government)—that is separate from the legislative body, that is, the National Assembly for Wales. The Welsh Government is therefore altered from being a committee of the National Assembly to being a distinct body *forbids candidates both contesting constituencies and being on a regional list *provides a mechanism for Orders in Council to delegate power from Parliament to the Assembly, which will give the Assembly powers to make " Measures" (Welsh Laws). Schedule 5 of the Act describes the fields in which the as ...
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Government Of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom. It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative body would later come to be known as the Senedd Cymru, or the Welsh Parliament. Background The Act led to the establishment of the National Assembly in 1999, after the 1997 Welsh devolution referendum approved the creation of a devolved Parliament for Wales. Provisions The Act's provisions include the following: *Transferring most of the powers of the Secretary of State for Wales to the National Assembly for Wales. *Transferring Ancient Monuments Board for Wales, Education and Learning Wales, Historic Buildings Council for Wales, Library Advisory Council for Wales, Qualifications, Curriculum and Assessment Authority for Wales, Wales Tourist Board, Welsh Industrial Development Advisory Board, Welsh Development Agency, Welsh Language ...
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Scotland Act 2016
The Scotland Act 2016 (c. 11) is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smith Commission, which was established on 19 September 2014 in the wake of the Scottish independence referendum. The Act The act gives extra powers to the Scottish Parliament and the Scottish Government, This article contains quotations from this source, which is available under th Open Government Licence v3.0 © Crown copyright. most notably: * The ability to amend sections of the Scotland Act 1998 which relate to the operation of the Scottish Parliament and the Scottish Government within the United Kingdom including control of its electoral system (subject to a two-thirds majority within the parliament for any proposed change). * The ability to use such amendment to devolve powers to the Scottish Parliament and Scottish Ministers over ...
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Scotland Act 2012
The Scotland Act 2012 is an Act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998, with the aim of devolving further powers to Scotland in accordance with the recommendations of the Calman Commission. It received Royal Assent in 2012. Main provisions The Act gave extra powers to the Scottish Parliament, most notably: * The ability to raise or lower income tax by up to 10p in the pound. Any change is applied across all tax bands; * Devolving stamp duty and landfill tax to Scotland to replace them with new taxes specific to Scotland; * The Scottish Government to have borrowing powers, up to £5 billion; * Legislative control over several more issues including limited powers relating to drink driving limits and air weapons; * Creation of Revenue Scotland, a tax authority for Scottish devolved taxes while HMRC still collects taxes that are not devolved to Scotland. Calman Commission The proposed legislation was based on the final repor ...
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Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland. Content and history The Act was introduced by the Labour government in 1998 to give effect to the Scottish devolution referendum in 1997 which showed that Scotland was in favour of both of the set questions, firstly for the creation of a parliament for Scotland and secondly, that this parliament should have tax varying powers. The Act crea ...
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Political Parties, Elections And Referendums Act 2000
The Political Parties, Elections and Referendums Act 2000 (c. 41) is an Act of Parliament of the United Kingdom that sets out how political parties, elections and referendums are to be regulated in the United Kingdom. It formed an important part of the constitutional reform programme implemented by the 1997 Labour Government, building on the Registration of Political Parties Act 1998 (c. 48) which was passed two years earlier. Background The Act was introduced after consultation with major political parties, and largely followed the recommendations of the Committee on Standards in Public Life (known at the time as the "Neill Committee" after its chairman), an independent body set-up by former Prime Minister John Major to consider ways of making politics more transparent. The committee set out its proposals in its report, ''The Funding of Political Parties in the United Kingdom''. The Act created an independent Electoral Commission to regulate political parties and their fu ...
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European Union Referendum Act 2015
The European Union Referendum Act 2015c. 36 was an Act of the Parliament of the United Kingdom that made legal provision for a consultative referendum to be held in the United Kingdom and Gibraltar, on whether it should remain a member state of the European Union or leave the bloc altogether. The Bill was introduced to the House of Commons by Philip Hammond, Foreign Secretary on 28 May 2015. Two weeks later, the second reading of the Bill was supported by MPs from all parties except the SNP; the Bill subsequently passed on its third reading in the Commons on 7 September 2015. It was approved by the House of Lords on 14 December 2015, and given Royal Assent on 17 December 2015. The Act came partly into force on the same day and came into full legal force on 1 February 2016. The Act gave effect to a manifesto commitment of the Conservative Party at the general election of May 2015, and was one of the most significant pieces of legislation that was passed by the 2015–17 ...
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European Communities Act 1972 (UK)
The European Communities Act 1972c 68, also known as the ECA 1972, was an Act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom to the three European Communities the European Economic Community (EEC, the 'Common Market'), European Atomic Energy Community (Euratom), and the European Coal and Steel Community (ECSC, which became defunct in 2002); the EEC and ECSC subsequently became the European Union. The Act also incorporated Community Law (later European Union Law) into the domestic law of the United Kingdom and its , its treaties, regulations and directives, together with judgments of the European Court of Justice, and the Community Customs Union, the Common Agricultural Policy (CAP) and the Common Fisheries Policy (FCP). The Treaty of Accession was signed by the then Conservative Prime Minister Edward Heath and the then President of the European Commission Franco Maria Malfatti in Brussels on 22 January 1972; t ...
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European Union (Notification Of Withdrawal) Bill 2017
The European Union (Notification of Withdrawal) Act 2017 (c. 9) was an Act of the Parliament of the United Kingdom to empower the Prime Minister to give to the Council of the European Union the formal notice – required by Article 50 of the Treaty on European Union – for starting negotiations for the United Kingdom's withdrawal from the European Union. It was passed following the result of the 2016 United Kingdom European Union membership referendum held on 23 June in which 51.9% of voters voted to leave the European Union. The Act The Act's long title is ''To Confer power on the Prime Minister to notify, under Article 50(2) of the Treaty on European Union, the United Kingdom's intention to withdraw from the EU''. The Act confers on the Prime Minister the power to give the notice required under the Treaty when a member state decides to withdraw. Section 1(2) states that no provision of the European Communities Act 1972 or other enactment prevents the (notification) ...
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