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:

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.



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