Brexit

Question 1

What were the issues in the miller case with regards to the Royal Prerogative?

Answer 1

(a) Should the government (exercising the RP) trigger art. 50 on EU or should parliament
(b) referendum was non-binding
(c) article 50 sets out the procedure for exiting the EU and has never been tested

Question 2

What does Article 50 lay out?

Answer 2

(a) The leaving state (UK) informs other states (EU) pursuant to “its own constitutional arrangements then
(b) 2 years to negotiate an exit treaty or longer if All 28 members agree
(c) After the 2 years (or extension) EU law no longer applies to leaving state

Question 3

What can the Royal Prerogative not do?

Answer 3

Cannot change statutory or common law rights as per the ECA 1972

Question 4

What is seen as the problem then of triggering Article 50 with RP?

Answer 4

As this would inevitably change statutory rights and RP cannot do so.

Question 5

On the basis of the RP what was Lord Reeds starting point in his dissent?

Answer 5

That the RP could be used when entering treaties aswell as terminating treaties.