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United Kingdom Leading Case parliamentary sovereigntyrule of law

R (Miller) v Secretary of State for Exiting the European Union

[2017] UKSC 5
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2017
StatusBinding authority

Summary

Crown prerogative cannot be used to trigger Article 50 TEU as doing so would alter domestic law and remove statutory rights; primary legislation is required.

Key Principle

An Act of Parliament is required to trigger Article 50 TEU; the Crown's prerogative power to conduct foreign affairs cannot be used to alter domestic law or remove rights conferred by statute.

Area of Law

public-law

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