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

Domestic law, again, my Lord, I am grateful, but it is the same effective point that I am going to try and address if I may.

That is the thrust of the question that was put, and our first submission is that of course one has to consider the nature of the prerogative with which you are dealing. But the prerogative with which we are dealing is and always has been recognised as a general power with specific elements. The general power is the power in the Government to conduct foreign affairs. The specific elements are all the things that are necessary to do that.

So the Government can enter into, it can ratify, it can withdraw from treaties, it can take whatever steps it wants to take on the international plane to vote in international institutions, to participate in the process of making international law, or law on the international plane, eg in the EU. All of those are specific aspects of the general prerogative, frequently recognised from Blackstone onwards, as being a prerogative power available to the Government.

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