This Ancient, Secretive Royal Prerogative

Timothy Endicott argues that the decision of the Divisional Court in Miller could only be justified if there were a deficit (at least, in respect of a matter as constitutionally important as triggering departure from the EU) in the constitutional legitimacy of the British government’s power to conduct international relations on behalf of the United Kingdom. But on the contrary, there are good reasons of constitutional principle for the government to have the authority it has in international relations, and good reasons for it to be respected in this case. Those are reasons against interpreting the ECA 1972 as taking away that power.

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