The UK’s basic structure doctrine: Miller II and judicial power in comparative perspective

This Essay argues that, when viewed in comparative perspective, the UK Supreme Court’s decision in Miller II was a functional and appropriate defense of the basic structure of the British constitutional order.  In addition, it suggests that any increase in the Court’s judicial power or claim to authority will be a function of the Johnson Government’s and the legal profession’s response to the decision, rather than due to the legal determination itself.  And thus, the anxiety expressed about the negative impact of the decision on parliamentary sovereignty may turn out to be a self-fulfilling prophecy.