"That this House approves Her Majesty's Government's decision of principle to join the European Communities on the basis of the arrangements which have been negotiated."
2. A Member State which decides to withdraw shall notify the European Council of its intention......
The second stage of Article 50 concerns notification of the decision to withdraw. A view was strongly held by the government and by many lawyers that prerogative powers relaying to treaty making and unmaking could be used to give the notice to the EU without the need for specific parliamentary authority. This resulted in the legal challenge mounted by Gina Miller and Deir Dos Santos. Their argument was essentially that membership of the EU had given the citizen specific rights and those could only be removed by Parliament and not by the executive using prerogative powers. This was an argument founded on the well-established law that , as a matter of the constitutional law of the United Kingdom, the Royal Prerogative, whilst it embraces the making of treaties, does not extend to altering the law or conferring rights upon individuals or depriving individuals of rights which they enjoy in domestic law without the intervention of Parliament – speech of Lord Oliver in J.H. Rayner (Mincing Lane) Ltd v Department of Trade  2 AC 418 – (sometimes referred to as the Tin Council case).