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

None of these cases are cases where the exercise of the prerogative actually alters the contents of domestic law. The De Keyser and Burmah Oil cases are cases where the law had always been that you can take property for certain purposes; so there was no change of that, it was simply an exercise of an existing legal right. The Post Office v Estuary Radio case was a different kind of case in which the prerogative had simply been exercised so as to create a fact, and the fact was that the territorial waters now extended to a place where the broadcasts were being transmitted from, therefore needed a licence.

So neither of them is actually a case, a kind of case, which raises the problem that we have, where the effect of withdrawal from the treaties will be actually to alter the current constitutional rules of the United Kingdom as to what the sources of our law are by removing one of those sources.

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