UK Supreme Court decides that Parliament must enact legislation before the UK can serve Article 50 notice to leave the EU

The full judgment and Press Summary are available on Bailii as well as the Supreme Court website: https://www.supremecourt.uk/cases/uksc-2016-0196.html

The judgment may be of interest to readers in British Overseas Territories, not only because of its immediate relevance to Brexit-related issues, but also because of its discussion of the Royal Prerogative, Parliamentary Sovereignty, the  nature of the UK’s unwritten constitution, the justiciability of constitutional conventions, and the relationship between the UK Government, the UK Parliament and devolved parliaments in Scotland, Northern Ireland, and Wales.

It is a shame that there appears to have been no consideration given, whatsoever, to the rights and interests of the British Overseas Territories and their respective local Parliaments, although it is legally assumed that their rights and interests will be taken into account when the UK Parliament enacts legislation.

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s