In Miller v Secretary of State [2016], the High Court held that the Government cannot use its prerogative power to initiate the withdrawal of the UK from the EU. In doing so, the High Court rejected every single argument that the Government put to it asserting the existence of the prerogative power. The main reason for the outcome was that the exercise of the prerogative would abrogate statutory EU rights without the constitutionally required Parliamentary authorisation. The Court found that proper construction of the European Communities Act (‘ECA’), which gives domestic effect to EU rights, in light of the sound constitutional principles barred the exercise of the royal prerogative. This post analyses the Court’s reasoning by teasing out the relevant constitutional principles. The post concludes by pointing out a constitutional worry, popular judicial legitimacy, which was not considered by the High Court. This worry may induce the Supreme Court in…
View original post 1,467 more words
Utopia, you are standing in it! 
Recent Comments