*R (on the application of Miller and another) v Secretary of State for Exiting the European Union (George Birnie and others intervening)

Crown – Prerogative. The Divisional Court held that the defendant Secretary of State did not have power under the Crown's prerogative powers to give notice pursuant to art 50 of the Treaty on European Union for the United Kingdom to withdraw from the EU. That was based on constitutional principles including that the Crown could not use its prerogative powers to alter domestic law and the prerogative powers operated only on the international plane.

Category: