Article 50 and Parliamentary Authorisation
R (Miller) v. Secretary of State for Exiting the EU
Court: UK Supreme Court, Westminster | Year: 2017
The UK Supreme Court held that the Government could not trigger Article 50 to leave the EU without authorisation by an Act of Parliament.
R (Miller) v. Secretary of State for Exiting the European Union is a major UK constitutional case heard by the UK Supreme Court in Westminster.
The issue was whether the Government could use prerogative powers to trigger Article 50 and begin withdrawal from the European Union without Parliament.
The Court held that statutory authority was required because triggering Article 50 would affect rights created by Parliament.
Key Learning Points
- Clarified limits on executive prerogative powers.
- Protected parliamentary sovereignty.
- Required an Act of Parliament before Article 50 notice.
- Useful comparative study for Indian constitutional law interns.
Intern Takeaway
Comparative law helps interns understand how constitutional systems control executive power through parliamentary authority and judicial review.
Reference: Read source material
