interesting read

Interesting times. Presumably the hearing will be televised?

I need to read the judgment at some point. I kind of get the logic about the executive being unable to overturn the ECA 1972 without parliamentary consent but Art 50 isn't under that Act? and there are plenty of other things that the Executive can do that renders domestic legislation meaningless, so it doesn't seem a particularly novel situation. Eg weren't some of the European treaties entered into without Parliamentary approval, which given the massive transfer of sovereignty to the EU and change to individuals' rights and responsibilities, seems pretty analogous to exercising Art 50 to come back out of them? Maybe this is all covered in the judgments.

I'm also amused at how this is a battle of Parliament vs Executive, which would ordinarily be a battle of the People vs the Crown, but in this case it's the Crown arguably protecting the will of the People from Parliament...

Almost makes constitutional law interesting...

Posted By: CWC on November 5th 2016 at 10:56:19

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