"I think I'd better leave right now": BREXIT and the Prerogative Power
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In this briefing, Tom Leary considers the Divisional Court’s recent Brexit judgment on the government’s power to give notice under Article 50 of the TEU for the United Kingdom to cease membership of the EU.
- The Divisional Court accepted both the primary and the secondary arguments of the claimants and held that the government did not have the prerogative power to give notice of withdrawal under Article 50(2).
- The arguments are finely balanced but the Supreme Court now has the opportunity to give definitive guidance on the scope of the prerogative power to make and unmake international treaties.