[4] It is a protected value at Common Law that Parliament has legislative supremacy[note 1][6] even to the point that the sovereign power extends to the breaking of treaties, if need be.
"[11] The fundamental right of the British people to be governed by an elected legislature and the executive of the United Kingdom should not be violated by anything more than a vesting of law-making responsibility in a delegate power through an Act of Parliament.
[12] In McWhirter & Anor, R (on the application of) v Secretary of State for Foreign and Commonwealth Affairs [2003], at [17], Lady Justice Arden suggested that the principle that it was not permissible to transfer responsibility for law making and government away from the United Kingdom did not necessarily vitiate Parliamentary supremacy.
As observed in Witham, R (on the application of) v Lord Chancellor [1997], Laws J made it clear that ″General words will not suffice.″[16] This was applied in Cullen v Chief Constable of the Royal Ulster Constabulary [2003].
[21] There would needed to have been specific, clear wording for any exiting legislation to be interpreted as affording ministers the authority to withdraw from the EU under section 2 of the European Communities Act 1972 (UK).