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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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