A central plank in the reasoning of the Divisional Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 at [96] is that ‘Absent such authority from the ECA [European Communities Act] 1972 or other statutes, the Crown cannot through the exercise of its prerogative powers alter the domestic law of the United Kingdom and modify rights acquired in domestic law under the ECA 1972 or the other legal effects of that Act.’
David Feldman argues that ‘the claim that the prerogative cannot be used to deprive people of rights, either absolutely or conditionally, is untenable as a matter of law.’ He goes further, questioning the proposition that ‘the foreign affairs prerogative operates only on the international plane, and cannot change domestic law’. He argues that ‘[t]he question in each case is whether the scope of the prerogative has been limited by Act of…
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Utopia, you are standing in it! 
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