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

Yes, there are complexities around precisely how it is all going to work. You have the lapsing point from the direct effect; you have a situation from when you leave the club, the right which is created elsewhere, the vote in parliamentary elections becomes pointless. You have another swathe of legislation where the mechanism for transposition is for the United Kingdom Government on the international plane, anticipating in those processes to agree, for example, directives, but those directives then impose on the international plane on the UK Government an obligation of result, namely to pass domestic law, sometimes using section 2(2) of the ECA itself, to replicate or to create the result.

That would be therefore domestic legislation, secondary legislation, achieving the result that the directive sets. That legislation would, if everything else was left, stay in place, and there may be also difficult questions that my Lord, Lord Sumption raised, what happens if, inspired, as it were, by European law, the common law has moved to a particular place.

But I think my answer, until someone shouts at me, would be that the common law can develop by reference to whatever principles and inspiration it wishes. Once it has acknowledged something, it will be for it to continue to recognise it or to take it away because the inspiration had gone and that fundamentally undermines it in the view of the court. That would be a matter for you. It is no doubt those complexities that led to the --

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