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Constitution

This fact was correct when it was updated on 22 Sep 2020

What was the Miller case?

The legal case brought by Gina Miller in 2016 asked whether the power to invoke Article 50 to start the process for the UK to leave the EU lay with the executive (i.e. the Prime Minister) or Parliament. It was heard by a panel of three distinguished judges in the High Court which decided on 3 November 2016 that, given the loss of rights for individuals that would result from the process, Parliament should decide whether to trigger Article 50, not the executive. The government appealed this decision. In January 2017, the Supreme Court verdict was that the Parliament did need to give its consent and the government brought forward legislation to provide the Prime Minister with the power to notify. Ms Miller jointly brought a second case against the government in 2019 challenging its decision to prorogue Parliament, a decision which the Supreme Court quashed unanimously.

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