Prerogative powers and the European Union

posted by
November 8, 2016
The Libertarian Enterprise
by Sean Gabb  
Posted in Commentary

"I have read the Judgment of the High Court in the case of R (Miller) Secretary of State for Exiting the EU. So far as I understand, the Government claims that it may give notice to leave the European Union as a matter of prerogative power. The European Treaties are international agreements. These are not a matter for Parliament, though Parliament may be consulted for the sake of politeness, and must be asked for any change of domestic law for bringing a treaty into effect. But it is for the Crown alone to decide whether to make or withdraw from a treaty. The opposing argument is that the European Treaties are unique, so far as they directly confer rights on British citizens." (11/07/16)  

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