Losing Our Religion? Public Law and Brexit

17 Pages Posted: 15 Dec 2016

See all articles by Thomas M. Poole

Thomas M. Poole

London School of Economics - Law Department

Date Written: December 2, 2016

Abstract

This essay critically engages with the academic critics of the recent High Court decision in R (Miller) v Secretary of State for Exiting the European Union, which addressed whether the Crown’s prerogative powers may be used to trigger Article 50 TEU without prior Parliamentary approval. These scholars call for various exceptions and carve-outs to existing constitutional principle. The law relating to prerogative is unpacked so as to show how these options are unfounded. Worse, they require dangerous and unjustified innovation on the part of the court and should be rejected.

Suggested Citation

Poole, Thomas M., Losing Our Religion? Public Law and Brexit (December 2, 2016). LSE Legal Studies Working Paper No. 24/2016. Available at SSRN: https://ssrn.com/abstract=2879450 or http://dx.doi.org/10.2139/ssrn.2879450

Thomas M. Poole (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/thomas-poole.htm

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