Losing Our Religion? Public Law and Brexit

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.