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Water & oil: law & politics

17 February 2017 / Richard Wilson KC
Issue: 7734 / Categories: Features , Public , Brexit , EU , Constitutional law
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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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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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