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The High Court decision in Miller (the ‘Brexit case’) was essentially a public law case. The judgment (PDF) addresses the question of whether the royal prerogative can be exercised to repeal vested statutory rights. As is well known, the Court found in the negative. In the Court’s view, therefore, notice…
The justifiability of constitutional judicial review is one of the perplexing questions of constitutional theory. Every generation of constitutional lawyers has struggled with the issue without being able to provide knock-down arguments that would have settled the controversy. In the UK, the adversaries of the two positions are (for…
In my previous blog post I argued:
Parliament is sovereign and only an Act of Parliament can repeal an existing Act of Parliament. The UK entered the European Union by the passing of the European Communities Act 1972. To trigger an Article 50 of the TEU withdrawal from the European…
The use of the prerogative power to invoke Article 50 of the TEU has been much discussed since the Brexit vote on 23 June 2016 (including this initial post on the matter and a follow-up post). The present author believes that only an Act of Parliament can be used to…
The UK stands on edge of the momentous decision to leave the EU. It is therefore vital that the true meaning of Article 50 is understood. In particular it is my contention that this cannot be triggered by the decision of the PM or cabinet but only by Act of…
