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> The government at the time lost numerous important cases when trying to implement Brexit. Yup, in the two cases that come to mind, the Supreme Court kicked t
by Defletter 2y ago
> The government at the time lost numerous important cases when trying to implement Brexit.
Yup, in the two cases that come to mind, the Supreme Court kicked the issue back to Parliament: Miller I[1] said that, given the extreme constitutional consequences of no deal, the Government couldn't unilaterally trigger Article 50, such a decision could only come from Parliament. This was more just a procedural issue. An Act[2] was passed a couple months after the judgment, and Article 50 was triggered a couple days later. Whereas, Miller II[3] was about the Government proroguing Parliament in order to silence it. The Supreme Court was having none of that, so it annulled the prorogation. In both cases, the Supreme Court was protecting Parliament.
- [1] <https://en.wikipedia.org/wiki/R_(Miller)_v_Secretary_of_State_for_Exiting_the_European_Union https://en.wikipedia.org/wiki/R_(Miller)_v_Secretary_of_Stat...>
- [2] <https://en.wikipedia.org/wiki/European_Union_(Notification_of_Withdrawal)_Act_2017 https://en.wikipedia.org/wiki/European_Union_(Notification_o...>
- [3] <https://en.wikipedia.org/wiki/R_(Miller)_v_The_Prime_Minister_and_Cherry_v_Advocate_General_for_Scotland https://en.wikipedia.org/wiki/R_(Miller)_v_The_Prime_Ministe...>