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The first casualty of Brexit: Royal Prerogative?

The judgement in R-v-Miller which was handed down on 3 November 2016 threatens an ancient right which has existed in English law since the medieval times: Royal Prerogative. The Court found that the Prime Minister cannot on her own invoke her right to use Royal Prerogative to exercise the Article 50 notice for the UK to leave the EU.

The Government is appealing this position stating that it does not need a vote of Parliament to exercise the Article 50 notice and that the Prime Minister should be able to do so on her own. Both sides have indicated a willingness to appeal the outcome of the case to the highest courts. The first appeal will be heard in December 2016.

Far from the case being a dry technical point that only lawyers would be interested in, it will potentially throw up some ironical results which neither the Remain or the Leave campaign will want.

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