Scotland: Supreme Court and Brexit – the long and short of it
The Supreme Court has given its judgment in the UK constitutional case of R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant).
At issue was whether or not the Government has power to give notice (Article 50 of the Treaty on European Union) of the UK’s intention to withdraw from the European Union, without prior authorisation under an Act of Parliament. As was widely expected, Supreme Court dismissed the Appeal (by a majority of 8 to 3).
In short, the Court held that an Act of Parliament is required to authorise ministers to give notice under Article 50. Following the judgment the Secretary of State for Exiting the European Union David Davis announced the UK Government’s intention to introduce a Bill before Parliament to secure that authorisation. The Bill is expected to be a very short one.
In addition, the Supreme Court held that the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly do not have a legal veto on the UK’s withdrawal from the EU.
In the longer term, the Supreme Court judgment together with the three dissenting opinions seem set to contribute notably to the operation of the UK’s unwritten constitution.
Meanwhile the case continues to generate great interest and debate in connection with the UK Government’s proposals for the UK to leave the EU.
Search ADVOC News
The law hasn’t yet caught up with the modern reality which is cohabitation, cohabitants are not afforded the same r… https://t.co/8mPhohyyK3
Application closing dates are fast approaching for law students in Victoria. In episode four of the Day One series,… https://t.co/vgxahXzb1h
Aluko & Oyebode is pleased to have advised AXA Mansard Insurance Plc in connection with the divestment of its share… https://t.co/okY3DZ7dMT
Regional data released last week shows that over 66,000 Scottish businesses have benefitted from the Government's… https://t.co/TZ3fUzn9h7
We are delighted to announce that we have been successfully appointed to the legal services framework for Central H… https://t.co/MgMblwWzlw