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10 February 2017 / Michael Zander KC
Issue: 7733 / Categories: Features , Public , Brexit , EU
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Art 50: the judgment (Pt 2)

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Michael Zander QC picks out crucial passages from the dissenting Supreme Court justices on the triggering of Art 50

  • The judgments of Lords Reed, Carnwath and Hughes in R (Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5.

Lord Reed (paras.153-242)

The effect of EU law in the UK is entirely dependent on the 1972 Act

“I entirely accept the importance in our constitutional law of the principle of Parliamentary supremacy over our domestic law…That principle does not, however, require that Parliament must enact an Act of Parliament before the UK can leave the EU. That is because the effect which Parliament has given to EU law in our domestic law, under the [European Communities Act 1972], is inherently conditional on the application of the EU treaties to the UK, and therefore on the UK’s membership of the EU. The Act imposes no requirement, and manifests no intention, in respect of the UK’s membership of the EU. It does not, therefore,

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Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

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Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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