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R (Miller and Another) v. Secretary of State for Exiting the European Union; Reference by the Attorney-General for Northern Ireland in the matter of an Application by Agnew and Others; Reference by the Court of Appeal of Northern Ireland in the matter of an Application by McCord
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Treaties — Ratification — Withdrawal — European Community Treaties — Accession to European Communities — European Communities Act 1972 — Interpretation — Effect — Status as constitutional statute — Constitutional principles — European Communities Act 1972 giving effect to Community law in each jurisdiction of United Kingdom — Binding obligations and rights under Community Treaties — Parliament’s intention in enacting European Communities Act 1972 — Section 2(1) — Rights arising under European Communities Act 1972 and EU law — Continued existence of rights — Whether within Crown’s prerogative power — Whether Crown having prerogative power to effect withdrawal from Community Treaties — Effect of withdrawal on domestic law — Whether as a matter of United Kingdom constitutional law the Crown, acting through executive government, entitled to use prerogative powers to give notice to withdraw from European Union and its treaties under Article 50(2) of Treaty on European Union
Treaties — Withdrawal — European Community Treaties — Treaty on European Union, Article 50 — Right of withdrawal from European Union — Effect on United Kingdom domestic law — Notification of Member State of its intention to withdraw — United Kingdom voting in referendum to leave European Union — Giving notice under Article 50 — Whether power to withdraw from treaty on international or domestic plane — Whether as a matter of United Kingdom constitutional law the Crown, acting through executive government, entitled to use prerogative powers to give notice to withdraw from European Union and its treaties under Article 50(2) of Treaty on European Union
International organizations — European Union — Membership — Withdrawal — United Kingdom voting in referendum to leave European Union — Article 50 of Treaty on European Union governing withdrawal of Member State — Notification of Member State of its intention to withdraw — Effect on United Kingdom domestic law — Whether as a matter of United Kingdom constitutional law the Crown, acting through executive government, entitled to use prerogative powers to give notice to withdraw from European Union and its treaties under Article 50(2) of Treaty on European Union — The law of the United Kingdom
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- © Cambridge University Press 2018