Forget the politics – Brexit may be unlawful | Philip Allott | Opinion | The Guardian: In the matter of withdrawal from membership of the EU, the government is not acting under its “prerogative power” in the field of foreign relations – an inherited power of the crown that needs no legislative basis. It is using the powers contained in article 50 of the treaty on European Union, which is part of UK law through the European Communities Act 1972. Article 50 explicitly leaves the legality of a withdrawal decision to national law. An unlawful decision under UK law would be invalid for the purposes of article 50.
The legality of the proposed government acts is open to serious question, a question that can only be finally answered in the courts.
The legality of the proposed government acts is open to serious question, a question that can only be finally answered in the courts.