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Why is Miller's case titled R (Miller)?
The Next CEO of Stack OverflowWould the UK still have to leave the EU if they changed their mind after invoking Article 50?Reasons for UK citizen to not get an Irish passport?Where to pay taxes if working remotely and freelancingWhy was the NHS able to prevent Charlie Gard's parents from taking their child to the US?Do any UK laws dictate how a person's title shall be determined on their passport?Why do Acts of the UK Parliament still start with a lengthy bombastic sentence?Could the UK “sue the EU” in a way which affects the Brexit settlement?Refusal to Accept Information in Certain FormsDoes Australia have the same rules regarding succession to the throne as the United Kingdom?Identity photographs under GDPR
Why is Miller's case titled R (Miller)?
R (Miller) v Secretary of State for Exiting the European Union
The meaning of R is Regina (Queen). This is confusing me. Wasn't the case brought by 'an individual(s) v the government'? Why is the title 'government (individual) v government'?
united-kingdom case-citations
asked 2 days ago
user24985user24985
1635
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user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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add a comment |
Why is Miller's case titled R (Miller)?
R (Miller) v Secretary of State for Exiting the European Union
The meaning of R is Regina (Queen). This is confusing me. Wasn't the case brought by 'an individual(s) v the government'? Why is the title 'government (individual) v government'?
united-kingdom case-citations
asked 2 days ago
user24985user24985
1635
New contributor
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
2
N.B. The linked Wikipedia article gives the "full name" as "R (on the application of Miller and another) v Secretary of State for Exiting the European Union"
– owjburnham
2 days ago
add a comment |
Why is Miller's case titled R (Miller)?
R (Miller) v Secretary of State for Exiting the European Union
The meaning of R is Regina (Queen). This is confusing me. Wasn't the case brought by 'an individual(s) v the government'? Why is the title 'government (individual) v government'?
united-kingdom case-citations
asked 2 days ago
user24985user24985
1635
New contributor
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Why is Miller's case titled R (Miller)?
R (Miller) v Secretary of State for Exiting the European Union
The meaning of R is Regina (Queen). This is confusing me. Wasn't the case brought by 'an individual(s) v the government'? Why is the title 'government (individual) v government'?
united-kingdom case-citations
united-kingdom case-citations
asked 2 days ago
user24985user24985
1635
New contributor
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 days ago
user24985user24985
1635
New contributor
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 days ago
user24985user24985
1635
New contributor
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 days ago
user24985user24985
1635
asked 2 days ago
user24985user24985
1635
1635
New contributor
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
user24985 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
2
N.B. The linked Wikipedia article gives the "full name" as "R (on the application of Miller and another) v Secretary of State for Exiting the European Union"
– owjburnham
2 days ago
add a comment |
2
N.B. The linked Wikipedia article gives the "full name" as "R (on the application of Miller and another) v Secretary of State for Exiting the European Union"
– owjburnham
2 days ago
2
2
N.B. The linked Wikipedia article gives the "full name" as "R (on the application of Miller and another) v Secretary of State for Exiting the European Union"
– owjburnham
2 days ago
N.B. The linked Wikipedia article gives the "full name" as "R (on the application of Miller and another) v Secretary of State for Exiting the European Union"
– owjburnham
2 days ago
add a comment |
1 Answer
1
active
oldest
votes
The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases.
Miller began as Miller v Home Office, a judicial review case. When it became clear that the question was what powers the government actually had in a certain situation, the Supreme Court decided that constitutional points should be argued by, effectively, an amicus curiae on behalf of the state, with government lawyers defending their own viewpoint (and other interested parties intervening). This made it, in their view, a case of the state versus the government, with 'Miller' being either an acknowledgement that the applicant remained a party or a means of distinguishing this case from all the other "R. -v- Government" cases over the years, depending on your point of view.
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
2 days ago
2
@user24985: Ministers are, after all members of Her Majesty's government, so often the government and its ministers do act on behalf of the Crown. They just aren't the only people who act on behalf of the Crown. So sometimes the difference between Crown and government genuinely is negligible. Other times ministers maybe lack a little humility or overlook their own legal limitations, which I suspect is what Tim's alluding to. They should note that although R stands for Regina/Rex, it still means for the Crown. Not personally for the Queen, and not specifically for the government.
– Steve Jessop
yesterday
add a comment |
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1 Answer
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oldest
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votes
The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases.
Miller began as Miller v Home Office, a judicial review case. When it became clear that the question was what powers the government actually had in a certain situation, the Supreme Court decided that constitutional points should be argued by, effectively, an amicus curiae on behalf of the state, with government lawyers defending their own viewpoint (and other interested parties intervening). This made it, in their view, a case of the state versus the government, with 'Miller' being either an acknowledgement that the applicant remained a party or a means of distinguishing this case from all the other "R. -v- Government" cases over the years, depending on your point of view.
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
2 days ago
2
@user24985: Ministers are, after all members of Her Majesty's government, so often the government and its ministers do act on behalf of the Crown. They just aren't the only people who act on behalf of the Crown. So sometimes the difference between Crown and government genuinely is negligible. Other times ministers maybe lack a little humility or overlook their own legal limitations, which I suspect is what Tim's alluding to. They should note that although R stands for Regina/Rex, it still means for the Crown. Not personally for the Queen, and not specifically for the government.
– Steve Jessop
yesterday
add a comment |
The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases.
Miller began as Miller v Home Office, a judicial review case. When it became clear that the question was what powers the government actually had in a certain situation, the Supreme Court decided that constitutional points should be argued by, effectively, an amicus curiae on behalf of the state, with government lawyers defending their own viewpoint (and other interested parties intervening). This made it, in their view, a case of the state versus the government, with 'Miller' being either an acknowledgement that the applicant remained a party or a means of distinguishing this case from all the other "R. -v- Government" cases over the years, depending on your point of view.
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
2 days ago
2
@user24985: Ministers are, after all members of Her Majesty's government, so often the government and its ministers do act on behalf of the Crown. They just aren't the only people who act on behalf of the Crown. So sometimes the difference between Crown and government genuinely is negligible. Other times ministers maybe lack a little humility or overlook their own legal limitations, which I suspect is what Tim's alluding to. They should note that although R stands for Regina/Rex, it still means for the Crown. Not personally for the Queen, and not specifically for the government.
– Steve Jessop
yesterday
add a comment |
The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases.
Miller began as Miller v Home Office, a judicial review case. When it became clear that the question was what powers the government actually had in a certain situation, the Supreme Court decided that constitutional points should be argued by, effectively, an amicus curiae on behalf of the state, with government lawyers defending their own viewpoint (and other interested parties intervening). This made it, in their view, a case of the state versus the government, with 'Miller' being either an acknowledgement that the applicant remained a party or a means of distinguishing this case from all the other "R. -v- Government" cases over the years, depending on your point of view.
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases.
Miller began as Miller v Home Office, a judicial review case. When it became clear that the question was what powers the government actually had in a certain situation, the Supreme Court decided that constitutional points should be argued by, effectively, an amicus curiae on behalf of the state, with government lawyers defending their own viewpoint (and other interested parties intervening). This made it, in their view, a case of the state versus the government, with 'Miller' being either an acknowledgement that the applicant remained a party or a means of distinguishing this case from all the other "R. -v- Government" cases over the years, depending on your point of view.
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
answered 2 days ago
Tim LymingtonTim Lymington
2,9261627
2,9261627
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
2 days ago
2
@user24985: Ministers are, after all members of Her Majesty's government, so often the government and its ministers do act on behalf of the Crown. They just aren't the only people who act on behalf of the Crown. So sometimes the difference between Crown and government genuinely is negligible. Other times ministers maybe lack a little humility or overlook their own legal limitations, which I suspect is what Tim's alluding to. They should note that although R stands for Regina/Rex, it still means for the Crown. Not personally for the Queen, and not specifically for the government.
– Steve Jessop
yesterday
add a comment |
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
2 days ago
2
@user24985: Ministers are, after all members of Her Majesty's government, so often the government and its ministers do act on behalf of the Crown. They just aren't the only people who act on behalf of the Crown. So sometimes the difference between Crown and government genuinely is negligible. Other times ministers maybe lack a little humility or overlook their own legal limitations, which I suspect is what Tim's alluding to. They should note that although R stands for Regina/Rex, it still means for the Crown. Not personally for the Queen, and not specifically for the government.
– Steve Jessop
yesterday
3
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
2 days ago
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
2 days ago
2
2
@user24985: Ministers are, after all members of Her Majesty's government, so often the government and its ministers do act on behalf of the Crown. They just aren't the only people who act on behalf of the Crown. So sometimes the difference between Crown and government genuinely is negligible. Other times ministers maybe lack a little humility or overlook their own legal limitations, which I suspect is what Tim's alluding to. They should note that although R stands for Regina/Rex, it still means for the Crown. Not personally for the Queen, and not specifically for the government.
– Steve Jessop
yesterday
@user24985: Ministers are, after all members of Her Majesty's government, so often the government and its ministers do act on behalf of the Crown. They just aren't the only people who act on behalf of the Crown. So sometimes the difference between Crown and government genuinely is negligible. Other times ministers maybe lack a little humility or overlook their own legal limitations, which I suspect is what Tim's alluding to. They should note that although R stands for Regina/Rex, it still means for the Crown. Not personally for the Queen, and not specifically for the government.
– Steve Jessop
yesterday
add a comment |
user24985 is a new contributor. Be nice, and check out our Code of Conduct.
user24985 is a new contributor. Be nice, and check out our Code of Conduct.
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2
N.B. The linked Wikipedia article gives the "full name" as "R (on the application of Miller and another) v Secretary of State for Exiting the European Union"
– owjburnham
2 days ago