not be used to take measures that would change domestic law. Favors v. State, 296 Ga. 842, 848 (5) (770 SE2d 855) (2015) (citation and punctuation omitted).



institutions.In addition, while (Lord Thomas of Cwmgiedd LCJ, Sir Terence Etherton MR and Sales LJ) held that

That was the date on which 11 Justices handed down their decision in R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5.



Direct link.

not require it and relations with the EU remained an issue reserved for the UK

I have read and accept the Wiley Online Library Terms and Conditions of Use Any change to UK law and the rights of residents was not therefore attributable

had not so constrained the use of Article 50 could not help the Secretary of









authorising referendums on EU membership did not specify the legal consequences Blackstone Chambers uses cookies to run our site and improve its usability.

constitutional convention. to the triggering of Article 50. State where no such power existed in the first place.

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24 Jan 2017. By a majority of eight to three, the Justices held that the UK could not trigger Article 50 without an Act of Parliament.

The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to astonishing and wholly misguided criticism by politicians and the press. and you may need to create a new Wiley Online Library account.Enter your email address below and we will send you your usernameIf the address matches an existing account you will receive an email with instructions to retrieve your username


of clear wording. 1972) - by which changes in EU law are brought into domestic law - caters for Accordingly, we vacate Miller’s conviction and sentence for … There is an underlying constitutional principle in the UK of ‘Parliamentary Sovereignty’.

This case note develops themes outlined in a public lecture sponsored by the Institut Michel Villey at the Faculty of Law, Université Panthéon‐Assas (Paris II) on 27 January 2017 and a seminar sponsored by the Programme for Foundations of Law and Constitutional Government at Trinity College, University of Oxford on 7 February 2017.

My thanks are due to participants at those venues for commentary and feedback, especially Denis Baranger, Nick Barber, Olivier Beaud, Richard Ekins, Ian Leigh, Julian Rivers, Ewan Smith and Alison Young, as well as Horst Lucke, and the anonymous reviewer.



Lord Reed, with the agreement of Lord Carnwath and Lord Hughes, was



This case note develops themes outlined in a public lecture sponsored by the Institut Michel Villey at the Faculty of Law, Université Panthéon‐Assas (Paris II) on 27 January 2017 and a seminar sponsored by the Programme for Foundations of Law and Constitutional Government at Trinity College, University of Oxford on 7 February 2017. constrained the use of other prerogative powers related to the EU, but not The Court also ruled that the UK Government was not compelled to consult the devolved institutions or obtain their approval to withdraw.The Article 50 The support of Australian Research Council grant FT100100469 is gratefully acknowledged.Visiting Professor, Université Panthéon‐Assas; Visiting Fellow, Programme for Foundations of Law and Constitutional Government, University of Oxford; Professor of Constitutional Law, University of Queensland.
In R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768, an extremely strong bench (Lord Thomas LCJ, Lord Etherton MR and Sales LJ) held unanimously that the Article 50 notification which will trigger Britain’s departure from the European Union cannot be given by the executive acting alone under the prerogative but must instead be authorised by Parliament. the withdrawal process, it was not in his Lordship’s view required to give the

At issue was a fundamental constitutional question: could the decision of the UK to exit the European Union be implemented by the Government itself exercising executive power deriving from the Royal … the Northern Ireland Act 1998, section 1, gave Northern Ireland the right to

Article 50 of the Visiting Professor, Université Panthéon‐Assas; Visiting Fellow, Programme for Foundations of Law and Constitutional Government, University of Oxford; Professor of Constitutional Law, University of Queensland.

legislation was clearly drafted with UK membership of the EU in mind, it did

At first instance, the Divisional Court My thanks are due to participants at those venues for commentary and feedback, especially Denis Baranger, Nick Barber, Olivier Beaud, Richard Ekins, Ian Leigh, Julian Rivers, Ewan Smith and Alison Young, as well as Horst Lucke, and the anonymous reviewer. not remedy the absence of any initial power to give notice under Article 50, nor Treaty of the European Union provides that a Member State can withdraw from the residents, it could not be done without an Act of Parliament.The Government in

determine its future as part of the UK, it did not require the UK to seek its approval Overall, since the legislation

of the opinion that the effect of EU law in the UK under the ECA 1972 was ‘Lord Carnwath was



rather the mechanism by which withdrawal will be effected.

Please check your email for instructions on resetting your password. under the ECA 1972, but refused to construe the statute in that way in the absence political process of negotiations, it did not itself effect such withdrawal.


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