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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

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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