R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated referencesPosted In: Case Law
Decision Number UKSC 5
Legal BodyUk Supreme Court (UKSC)
Type of Claim / JurisdictionTribunal Practice, Procedures and Jurisdictional Issues
The UK Supreme Court has ruled by a majority of 8 to 3 that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union.
The Supreme Court considers that the terms of the European Communities Act, which gave effect to the UK’s membership of the EU, are inconsistent with the exercise by ministers of any power to withdraw from the EU Treaties without authorisation by a prior Act of Parliament.
However, the Supreme Court unanimously that devolved bodies could not hold up the process - decisions on foreign affairs are for the UK parliament to decide. The devolution Acts were passed by Parliament on the assumption that the
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