Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

My Lord, yes, we agree with that as well, and it applies not merely to the relationship between courts and Parliament and the proper function of the court in determining those sorts of issues, but it also raises the point I made yesterday, which is that our constitution is built and it is entirely consistent with parliamentary sovereignty that it is built, on the premise that the Government itself, particularly in the sphere of foreign affairs, exercises its own prerogatives. So it has significance in both of those ways. I suppose the final point to add in relation to that, to emphasise the point I made yesterday, is that it goes to the manner in which you go about answering questions as to the current state of the constitution; namely by asking what the position is today, not what the position was 40 years ago.

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