Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

I mean, your child analogy does not really work, because obviously the child is told he cannot go out in the garden, still has the power to go out in the garden, and indeed he may well disobey the constraint and do it. So I am not sure that gets you very far. But in this context, why do you say this goes to the existence of the prerogative power rather than simply being constraint imposed by the common law on the exercise of it; does it matter?

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