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Article 50 litigation―UK Supreme Court rules on the limits of the prerogative and devolved powers

Published on: 24 January 2017
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Article summary

Public Law analysis: In its highly anticipated judgment in R (on the application of Miller and another) v Secretary of State for Exiting the European Union, the UK Supreme Court ruled (by majority) that an Act of Parliament is required to authorise the triggering of Article 50 TEU by the UK government. However, on the related devolution issues, it concluded unanimously that the devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU and the government was not legally obliged to consult the UK’s devolved legislatures on Brexit. The Supreme Court’s decision is considered by Professor Adam Cygan, who lectures on EU law at the University of Leicester.

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