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17 November 2016 / Nicholas Strauss KC
Issue: 7723 / Categories: Features , Public , Brexit , EU , Constitutional law
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Brexit: the final say

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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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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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