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Flashcards in Brexit Deck (5)
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1

What were the issues in the miller case with regards to the Royal Prerogative?

(a) Should the government (exercising the RP) trigger art. 50 on EU or should parliament
(b) referendum was non-binding
(c) article 50 sets out the procedure for exiting the EU and has never been tested

2

What does Article 50 lay out?

(a) The leaving state (UK) informs other states (EU) pursuant to "its own constitutional arrangements then
(b) 2 years to negotiate an exit treaty or longer if All 28 members agree
(c) After the 2 years (or extension) EU law no longer applies to leaving state

3

What can the Royal Prerogative not do?

Cannot change statutory or common law rights as per the ECA 1972

4

What is seen as the problem then of triggering Article 50 with RP?

As this would inevitably change statutory rights and RP cannot do so.

5

On the basis of the RP what was Lord Reeds starting point in his dissent?

That the RP could be used when entering treaties aswell as terminating treaties.