Rights and the Miller Brexit case

“Conclusion: rights only to be removed by Parliament

The above passage and those italicised in §92 suggest to me that the basis of the court’s decision is founded in the rights of those affected by UK legislation. Those rights were created by ECA 1972 and, if they are to be removed, this must be done by Parliament and not by the Government (executive, Crown etc). That is the way English law operates, and has done since the 17th century. It does not mean UK will not leave the EU; but that if it is to happen, the referendum was only the first step in that direction. Parliament – not the vague answers of the referendum or the dictat of Mrs May or her Government – must control the next steps as our law has required, at least since the 17th century.”


Parliament or the prerogative?

Much has been written of the Divisional Court decision in the Brexit case on 3 November 2016; and much more will be written, no doubt, before and after any Supreme Court appeal. The judgment was of the court (ie a combined effort of all judges, consisting of Lord Thomas LCJ, Sir Terence Etherington MR and Sales LJ) in the case of R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (‘Miller’; http://www.bailii.org/ew/cases/EWHC/Admin/2016/2768.html). I want to enter the debate only to ask what the court’s views are on the question of a UK citizen’s rights in all this; and by this I mean not just rights under Human Rights Act 1998 but the much wider range guaranteed by laws which derive from European legislation and law-making (see Categories of rights considered at §§57-66 and below)…

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