Thomas Fairclough: Article 50 and the Royal Prerogative

Constitutional Law Group's avatarUK Constitutional Law Association

Tom FaircloughIntroduction

This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.

The Article 50 Process

This piece assumes that it will be Article 50 that is used to begin the exiting process (as argued for here). It will also assume that the exiting process will begin; whilst there have been some suggestions that the…

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