However, the monarch's absolute power to "make" the law was beginning to be challenged by the English judiciary and was raising concern in Parliament itself.

Whilst disputed, the case is seen by some historians and jurists as influential in the development of the concept of judicial review in English common law.

It was cited in 2017 by a divisional court of the High Court in its landmark judicial review decision, R (Miller) v Secretary of State for Exiting the European Union,[7] concerning whether the UK government had the power, under the Crown's foreign affairs prerogative, to serve a notice triggering Brexit following the "leave" vote in the 2016 EU Referendum.

The court concluded that the government did not have the right to rely on royal prerogative to serve a notice pursuant to Article 50 of the Treaty on European Union, triggering the formal process for the UK to leave the EU.

The court added that, because Brexit would directly affect substantive legal rights under UK domestic law, only Parliament could decide whether to serve such a notice.