James Eadie QC is misleading the Supreme Court about the supposed "Royal Prerogative". It is Delegated Authority from Parliament

James Eadie QC put forward some interesting and arcane arguments at the Supreme Court yesterday.

The Court, so far as I can see, has failed to see that Mr. Eadie is misleading them regarding the supposed Royal Prerogative.

Let me ask two questions:

1. After the 17th Century (but before enactment of the European Communities Act 1972) did the Royal Prerogative ever have the capacity to change UK Law?

The answer is No.

2. How was it that after enactment of the European Communities Act 1972 that the Government had such a capacity with respect to the inclusion of EU Law into UK Law?

The answer in my opinion is simple.

The Government could do so because of Delegated Authority from Parliament, the scope of that Delegated Authority was expressed in the text of the European Communities Act 1972 (without actually using the term Delegated Authority).

All transposition of EU Law into UK Law was at the hands of Parliament.

First Parliament passed the European Communities Act 1972.

Later EU legislation entered UK Law by virtue of Delegated Authority of Parliament.

What Parliament has created, only Parliament can undo.

If I am correct, the Government's Appeal before the Supreme Court must fail.