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

The position is, and I don't suppose that anyone in court doubts this, you can legislate on the basis that domestic rights will depend upon what the international situation is from time to time. Whether we are at war or whether the territorial waters extend three miles, 12 miles or whatever, that can all be altered if you legislate on that basis.

I think the ultimate question here is whether the legislation was enacted on that basis. I was looking overnight at the motions again. If we are looking at the broad constitutional position, one must bear in mind that the actual decision to join the EU was initially one which the Government took, but it put it before Parliament on a motion where the issue which was, I have just opened them, again, we have the debates here -- the issue was whether or not Parliament approved of joining the EU, or the EC as it was, or the EEC, so that -- and the speeches demonstrate that there were pros and cons, and the consequences of doing so were fully thought through. So in a sense one looks at the ECA, perhaps the 1972 Act against that background as well.

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