tag:blogger.com,1999:blog-8704899696538705849.post3997453528543754086..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: The judgment in Miller: Representative Democracy Strikes BackSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8704899696538705849.post-79567675540026010072017-01-26T03:23:57.971-08:002017-01-26T03:23:57.971-08:00I don't have a list of withdrawals from intern...I don't have a list of withdrawals from international treaties to hand - they are rare - but yes, they are implemented by means of the royal prerogative. And yes, the judgment relies upon the particular nature of EU law, although to my mind it would have been simpler to say that whenever an Act of Parliament confers rights on individuals, the executive cannot withdraw from that treaty without a further Act of Parliament (unless the Act already confers power on the executive to decide on that issue). Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-78991032386647603052017-01-26T02:35:51.322-08:002017-01-26T02:35:51.322-08:00Dear Prof. Peers,
Thank you for the post. Presuma...Dear Prof. Peers,<br /><br />Thank you for the post. Presumably, when the UK had previously decided to withdraw from international treaties, the executive could do so through the prerogative and without Parliament's vote. Is that correct and are there example of this? In the present case is it the special nature of EU law as “entirely new, independent and overriding source of domestic law” that justifies going beyond to prerogative to Parliament?<br /><br />Thank you,<br /><br />Rositsaratanasohttps://www.blogger.com/profile/13303146018067099534noreply@blogger.com