“This judgment will doubtless be seized on by many as another example of judicial activism, and inappropriate interference with the democratic result of the referendum. However, despite the minority judgments of Lords Reed and Hughes to the effect that the 1972 Act was only intended to have an effect for as long as the Government decided that the UK should be part of the EU, the majority judgment is rooted in a fundamental statement of the basic principles of parliamentary sovereignty and the limits on the executive – which aims ironically the Leave campaign sought to advance.”
Sir Edward Coke’s bold assertion in 1605 of one of the cornerstones of the unwritten constitution of the United Kingdom has been upheld today in a hugely important decision by the Supreme Court. In R(Miller) v Secretary of the State for Exiting the European Union  UKSC 5, the Supreme Court today ruled 8-3 that an Act of Parliament was required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. This post focuses on the decisions made in relation to the more legally significant claim that this Article 50 notice could not be given without Parliamentary approval, rather than those made in relation to the devolution claims – although in terms of practical political impact, a ruling that the devolved assemblies had to approve the giving of notice would have been far more disruptive to the Government’s plans.
Lord Neuberger, with…
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