Article 50, the Supreme Court judgment in Miller and why the question of revocability still matters – Rosie Slowe

“Legally, Parliament is not obligated to bestow the government competence to issue notice under Article 50(2). The referendum of 23 June 2016 was not legally binding, despite Parliament’s ability to have drafted it in a way which would have rendered it such. Further, it did not specify what ‘type’ of Brexit was on the ballot. When fulfilling its duty in our parliamentary democracy, acting in the best interests of all citizens and not just in respect of the wishes of those eligible to vote, Parliament must be fully aware that in bestowing ministers a mandate to trigger Article 50 it is endorsing absolute Brexit as a default result.”

UK Human Rights Blog

England Europe

With the Supreme Court having ruled yesterday that Parliament must have a say in the triggering of Article 50 TEU, the ensuing debate regarding the process for exiting the EU will undoubtedly revolve around what is politically considered the most desirable ‘type’ of Brexit, and whether MPs can restrict the government’s negotiation position. This post puts forward the hypothesis that such debates may become irrelevant because, in the event that negotiations fail, the UK has no guaranteed input on the terms of its withdrawal from the EU. At the heart of this problem is the still unanswered question whether an Article 50 notification is revocable.

In R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5, the Supreme Court rejected the government’s appeal and upheld the High Court’s ruling that the royal prerogative cannot be relied on to trigger…

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