R (Miller) v Secretary of State for Exiting the European Union
[2017] UKSC 5
Ratio Decidendi
The Government cannot use the royal prerogative to trigger Article 50 TEU to withdraw from the EU, because doing so would change domestic law by removing rights that Parliament had enacted through the European Communities Act 1972. An Act of Parliament is required.
Fapte
The Government proposed to trigger Article 50 and begin the process of leaving the EU using prerogative powers alone, without an Act of Parliament.
Rezumatul hotărârii
The Supreme Court held (8–3) that an Act of Parliament was required because withdrawal would fundamentally change domestic law and remove rights conferred by statute. The prerogative could not be used to nullify statutory rights.
Citate cheie
"The Secretary of State does not have power under the Crown's prerogative to give notice pursuant to Article 50 for the United Kingdom to withdraw from the European Union."
— Majority judgment
Tratament ulterior
Led to the European Union (Notification of Withdrawal) Act 2017.