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

This case was an appeal against a decision of the Divisional Court of England and Wales that the Secretary of State for Exiting the European Union did not have the power to withdraw from the European Union without the prior approval of Parliament. The appellant, the Secretary of State, argued that he could withdraw from the European Union using his prerogative powers, without the need for legislation. The respondents argued that the Secretary of State did not have the power to withdraw from the European Union without the approval of Parliament, as to do so would be to alter domestic law without legislation, which would be contrary to the principle of Parliamentary sovereignty. The Supreme Court allowed the appeal and held that the Secretary of State did not need the approval of Parliament to withdraw from the European Union. The Court found that the European Communities Act 1972, which gave effect to the European Union Treaties in domestic law, was only intended to operate so long as the United Kingdom was a member of the European Union. Therefore, the Secretary of State could withdraw from the European Union using his prerogative powers without the need for legislation, as such a withdrawal would not alter domestic law. The Court found that Parliamentary sovereignty was not engaged by the withdrawal from the European Union, as the withdrawal would not alter domestic law, and any alteration of domestic law would need to be done by Parliament. The Court also found that the Sewel Convention did not apply to the withdrawal from the European Union, as it only applied to the exercise of devolved powers, which were not engaged by the withdrawal from the European Union. The Court held that the Secretary of State could withdraw from the European Union using his prerogative powers without the need for legislation. The Court found that the European Communities Act 1972 was only intended to operate so long as the United Kingdom was a member of the European Union, and therefore, the Secretary of State could withdraw from the European Union without the need for legislation. The Court also found that Parliamentary sovereignty was not engaged by the withdrawal from the European Union, as the withdrawal would not alter domestic law, and any alteration of domestic law would need to be done by Parliament. The Court held that the Sewel Convention did not apply to the withdrawal from the European Union, as it only applied to the exercise of devolved powers, which were not engaged by the withdrawal from the European Union.