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

That is true. That was part of our concern about remedy, and it is a concern that has been considered in a number of cases, Wheeler and those other cases that considered that sort of issue. But it would require on my learned friend's case not just parliamentary involvement, as my Lord, Lord Reed rightly points out, primary legislation; the reason it requires primary legislation is because you are being asked to declare positively unlawful the exercise of the prerogative power to give Article 50 notice as the first step in that process.

The more general effects for good or ill, relevant or more or less relevant, were my second point. The third point is the -- is our particular context and our particular context does involve the prerogatives exercise. We are still on the question of whether there is some principle that you cannot have an impact into domestic law or you cannot alter the law of the land by prerogative power.

We know that it is absolutely integral to the scheme of the Act that the Government will be using its prerogative precisely to do that. It will be participating on the international plane in the process of EU law-making. The rights to which section 2 gives effect, from time to time, are those that are created, its word, on the international plane by the Government exercising that power. They are not rights that are created by Parliament, as it were, legislating for those rights. So it is integral to the scheme of legislation, of this legislation, that the Government can, through those processes, operate to change the law.

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