David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 9th, 2016 in constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU, pursuant to Article 50 of the Treaty on European Union. This legal question is fraught with difficulty. The situation is unprecedented, so judges have to answer the question from constitutional first principles. Inevitably in such cases there is room for disagreement as to what the first principles are, and (more intractably) what weight each has as against the others in the particular circumstances of the case.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org