Sunday 1 January 2017

A Brexit game-changer? The Queen put the Royal Prerogative in the hands of Parliament in 1972

In 1972 the Queen took what I believe to be an unprecedented step - she placed into the hands of Parliament her "interest and prerogative" insofar as they related to what was then the European Communities Bill.

The effect of that action by the Queen in my estimation is that the Government has no power to use the Royal Prerogative in matters relating to what is now the European Union, other than as explicitly allowed by Parliament.

If I'm correct then the Government has no power to use the Royal Prerogative to make a "decision" of the kind described in Article 50 of the Treaty on European Union.

Nor does the Government have any power to use the Royal Prerogative to send a "notification" to the European Union as described in paragraph 2 of Article 50.

If I'm correct about the implications of the Queen's actions in 1972, Theresa May has been misleading the country for almost six months about the Government's supposed power to use the Royal Prerogative to take the United Kingdom out of the European Union.

Similarly, if I'm correct, the Attorney General, Jeremy Wright QC MP, and James Eadie QC have seriously misled the Supreme Court as to the supposed power of the Government to use the Royal Prerogative.

The false position hitherto put forward by Theresa May's Government and its lawyers is that the Government has the power to use the Royal Prerogative with respect to Brexit.

The true position, I believe, is that the Government has no power at all to use the Royal Prerogative with respect to Brexit other than any power Parliament explicitly gives to it.

Here is a link to where I first publicly asked the question about the Queen having placed her "interest and prerogative" into the hands of Parliament:
Brexit Appeal: Did the Queen put the Royal Prerogative in the hands of Parliament in 1972?

The link includes the quote from Hansard which I believe may prove to be a "Brexit game-changer".

It seems to me that the Supreme Court must carefully consider this matter if its upcoming decision on the Brexit Appeal is to have any credibility.

Accordingly, I will be writing to the Supreme Court Justices to draw this hugely important matter to their attention.

I will ask the Supreme Court Justices to give careful consideration to the question of whether or not there is a need to hold further hearings of the Brexit Appeal so that this potentially hugely important action of the Queen can be properly considered.

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