There has been some concern that the government are seeking to leave the EU using Royal Prerogative and without passing an Act of Parliament to trigger Article 50 of The Treaty of the European Union. Indeed, lawyers at Mishcon de Reya claim the Government cannot trigger Article 50 without an act of Parliament. There has been conjecture that the Prime Minister, Theresa May, could seek to use Royal Prerogative to trigger Article 50 – which will effectively undermine/remove powers granted by an Act of Parliament (i.e. The European Communities Act 1972). See also the view of former Attorney General Dominic Grieve.
The Brexit legal challenge – which seeks to prevent the Prime Minister using Royal Prerogative to invoke Article 50 – must surely be constitutionally correct. Indeed, this view was confirmed in the resulting legal challenge when the High Court ruled that the Prime Minister cannot use Royal Prerogative powers to invoke Article 50. The is clearly a humiliating defeat for Prime Minister. Read the High Court Case Note.