header-logo header-logo

17 November 2016
Issue: 7723 / Categories: Legal News
printer mail-detail

What if the referendum is binding?

The common view that the EU referendum is advisory only could be proved wrong, a QC has argued ahead of next month’s Supreme Court hearing of the controversial Art 50 case.

Writing in NLJ this week, Nicholas Strauss QC, of One Essex Court, suggests the government could reconsider its “concession” that the referendum was advisory. It could then “sidestep all the other arguments” put forward in the Art 50 case.

Strauss says the government could argue that neither the Referendum Act 2015 nor the ballot paper said the referendum was only advisory. Moreover, the justification for the view that Parliament cannot be taken to have intended to curtail its sovereignty unless clear words have been used “is weak”—a binding referendum does not detract from sovereignty but is an expression of it.

Strauss says: “As the foreign secretary said, in introducing the Referendum Bill: ‘The decision…should be taken by the British people, not by parliamentarians.’ and every household received a government leaflet saying much the same.”

Issue: 7723 / Categories: Legal News
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll