Implicitly, therefore, he contended, Parliament has recognised that the power to withdraw from such treaties exists and is exercisable without prior legislation. The The 1972 Act does this, but it does considerably more as well. He mentioned that all the parties involved in the proceedings had been asked whether they wished any of the justices to stand down, and each of them had stated that they had no objection to any of the eleven sitting on the appeal.At the start of the government's oral submissions, the Attorney-General said the claimants had brought High Court proceedings perfectly properly and it was now perfectly proper for the Supreme Court to decide the appeal.Following on, the Advocate General for Scotland ended his oral submissions for the Appellant by saying that if an exercise of the royal prerogative to take the UK out of the EU were seen as an abuse of power after the 1972 Act, there could be no such abuse after the Referendum Act 2015 and the result of the referendum was known: "It is simply a question of whether it would be proper and appropriate for the executive to exercise the prerogative in particular circumstances, and the circumstances that we have to address are those which exist today in light of the 2015 Act, which is of considerable constitutional importance and the decision made in the referendum, knowing that if Parliament wanted to intervene and limit the exercise of that prerogative right, it is free to do so and has chosen to remain silent. Treaty of Lisbon Art 50 ; The European Union Referendum Act 2015 ; R (Miller and another) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) [2017] 2 WLR 583 ; R (Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5; [2017] 2 WLR 583 R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland - In the matter of an application by Agnew and others for Judicial Review Reference by the Court of Appeal (Northern Ireland) - In the matter of… Where, as in this case, implementation of a referendum result requires a change in the law of the land, and statute has not provided for that change, the change in the law must be made in the only way in which the UK constitution permits, namely through Parliamentary legislation. This conclusion appears to us to follow from the ordinary application of basic concepts of constitutional law to the present issue.....90 The EU Treaties as implemented pursuant to the 1972 Act were and are unique in their legislative and constitutional implications. In this post I analyse and reflect upon the Supreme Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5. Upon the United Kingdom's withdrawal from the European Union, EU law will cease to be a source of domestic law for the future (even if the Great Repeal Bill provides that some legal rules derived from it should remain in force or continue to apply to accrued rights and liabilities), decisions of the Court of Justice will (again depending on the precise terms of the Great Repeal Bill) be of no more than persuasive authority, and there will be no further references to that court from UK courts. Thus, ministers could not exercise prerogative powers at the international level to revoke the designation of Laker Airways under an aviation Treaty as that would have rendered a licence granted under a statute useless: 54 The most significant area in which ministers exercise the Royal prerogative is the conduct of the United Kingdom's foreign affairs. 90.

Gavin John Adams is interviewed by Viktorija Terentjeva of LTV about the Supreme Court Brexit judgment: R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5.

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