R (Miller) v Secretary of State for Exiting the European Union
[2017] UKSC 5
판결 이유
The Government cannot use the royal prerogative to trigger Article 50 TEU to withdraw from the EU, because doing so would change domestic law by removing rights that Parliament had enacted through the European Communities Act 1972. An Act of Parliament is required.
사실관계
The Government proposed to trigger Article 50 and begin the process of leaving the EU using prerogative powers alone, without an Act of Parliament.
판결 요약
The Supreme Court held (8–3) that an Act of Parliament was required because withdrawal would fundamentally change domestic law and remove rights conferred by statute. The prerogative could not be used to nullify statutory rights.
주요 인용문
"The Secretary of State does not have power under the Crown's prerogative to give notice pursuant to Article 50 for the United Kingdom to withdraw from the European Union."
— Majority judgment
후속 처리
Led to the European Union (Notification of Withdrawal) Act 2017.