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Brexit judgment—landmark ruling on limits of prerogative powers

Brexit judgment—landmark ruling on limits of prerogative powers
Published on: 04 November 2016
Published by: LexisPSL
  • Brexit judgment—landmark ruling on limits of prerogative powers
  • Original news
  • What were the key grounds raised and what did the court decide on each?
  • What happens now? When will the precise form declaratory relief to be granted be confirmed? Will there be an appeal and if so, on what grounds?
  • What is the background to this litigation?
  • What was the court’s approach to the statutory interpretation of ECA 1972 and the underlying constitutional principles?
  • How does this outcome impact the UK government’s plan for triggering Article 50?
  • Do you have any comments on the outcome and predictions for future developments?

Article summary

Public Law analysis: Following the landmark judgment in which the High Court ruled that the government could not use prerogative powers to give notice under Article 50 TEU without parliamentary approval, the UK’s Brexit process enters a new phase. Greg Callus, barrister at 5RB and constitutional law blogger at ‘A typo in the Constitution’, explains the parameters of a complex constitutional situation, with possible outcomes that draw on a range of issues spanning from international law, to processes and conventions in the Houses of Parliament, to the tricky matter of the Fixed-term Parliaments Act 2011 (FTPA 2011). or take a trial to read the full analysis.

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