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Why is Miller's case titled R (Miller)?
Would 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?Does Australia have the same rules regarding succession to the throne as the United Kingdom?Who decides the priority of extradition requests in the UKCan my landlord keep my deposit for longer in case additional flea treatment is needed? (renting with pets)
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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 Mar 28 at 9:16
user24985user24985
1686 bronze badges
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 Mar 28 at 9:16
user24985user24985
1686 bronze badges
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
Mar 28 at 13:55
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 Mar 28 at 9:16
user24985user24985
1686 bronze badges
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 Mar 28 at 9:16
user24985user24985
1686 bronze badges
asked Mar 28 at 9:16
user24985user24985
1686 bronze badges
asked Mar 28 at 9:16
user24985user24985
1686 bronze badges
asked Mar 28 at 9:16
user24985user24985
1686 bronze badges
asked Mar 28 at 9:16
user24985user24985
1686 bronze badges
1686 bronze badges
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
Mar 28 at 13:55
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
Mar 28 at 13:55
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
Mar 28 at 13:55
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
Mar 28 at 13:55
add a comment
|
1 Answer
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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 Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
Mar 28 at 11:50
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
Mar 28 at 23:45
add a comment
|
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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 Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
Mar 28 at 11:50
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
Mar 28 at 23:45
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 Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
Mar 28 at 11:50
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
Mar 28 at 23:45
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 Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
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 Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
answered Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
answered Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
answered Mar 28 at 10:36
Tim LymingtonTim Lymington
3,5931 gold badge8 silver badges31 bronze badges
3,5931 gold badge8 silver badges31 bronze badges
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
Mar 28 at 11:50
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
Mar 28 at 23:45
add a comment
|
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
Mar 28 at 11:50
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
Mar 28 at 23:45
3
3
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
Mar 28 at 11:50
Thank you for addressing my confusion. Is there an example to how the difference is often ignored by ministers?
– user24985
Mar 28 at 11:50
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
Mar 28 at 23:45
@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
Mar 28 at 23:45
add a comment
|
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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
Mar 28 at 13:55