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17 February 2017 / Richard Wilson KC
Issue: 7734 / Categories: Features , Public , Brexit , EU , Constitutional law
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Water & oil: law & politics

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Politics & the law were kept well apart in the Supreme Court’s erudite judgment in Miller, as Richard Wilson QC explains

  • Parliamentary supremacy and prerogative powers.
  • The decision of the majority on the principal issue is consistent with long-established UK law.

It is a well-established principle of UK constitutional law that Parliament—not the government—is supreme over our domestic law: Case of Proclamations (1610), The Zamora case (1916), and the Tin Council case (1990) (reported as H Rayner (Mincing Lane) Ltd v Department of Trade and Industry [1990] 2 AC 418, [1989] 3 All ER 523).

The Royal Prerogative (“prerogative powers”) encompasses the residue of powers that remain vested in the Crown, but are now exercisable by ministers of the UK government, provided the exercise is consistent with Parliamentary legislation.

The exercise of prerogative powers cannot change domestic law. That is a matter for Parliament. Treaties are not part of domestic law. So ministers may exercise prerogative powers to make or withdraw from international treaties, provided that such exercise

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

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Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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