17 November 2016 / Nicholas Strauss KC

Issue: 7723 / Categories: Features , Public , Brexit , EU , Constitutional law

Brexit: the final say

Article 50: an incorrect concession? Nicholas Strauss QC proposes an alternative line of attack

There is little point in a referendum which is advisory only, as it just throws the ball back to Parliament, so that the public vote is little more than an opinion poll.
The government’s best hope may be to reconsider its concession that the referendum was not binding before the appeal to the Supreme Court is heard next month.

In Santos v Miller v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin), [2016] All ER (D) 19 (Nov), the Divisional Court decided that the government’s prerogative powers did not enable it to implement the result of the EU referendum by giving notice under Art 50 of the Treaty on European Union. Another Act of Parliament is required, in addition to the EU Referendum Act 2015 (the 2015 Act).

Government’s concession

The government had accepted that the result of the referendum did not itself provide the source of a power to give the

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Brexit: the final say

Article 50: an incorrect concession? Nicholas Strauss QC proposes an alternative line of attack

There is little point in a referendum which is advisory only, as it just throws the ball back to Parliament, so that the public vote is little more than an opinion poll.
The government’s best hope may be to reconsider its concession that the referendum was not binding before the appeal to the Supreme Court is heard next month.

Government’s concession

The government had accepted that the result of the referendum did not itself provide the source of a power to give the

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Brexit: the final say

Government’s concession

Government’s concession

MOVERS & SHAKERS

Cripps—Radius Law

Switalskis—Grimsby

Slater Heelis—Will Newman & Lucy Spilsbury