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

My Lady, I accept that, you are right and my answer to the CJEU point is the same answer that I give in relation to the election to the European Parliament point. It is the same point, but the constitutional significance of the first part of my Lady's question is to be thought perhaps about, which is that it is undoubtedly true, and my Lady said swathes and swathes, and we respectfully agree. Most of European law nowadays is made through directives and regulations directly transposing that. They will remain.

The question therefore will be, back to joint effort perhaps but this time in relation to implementation: how is the Government going to shape the new domestic law? The answer to that question, almost inevitably it might be thought, is policy area by policy area. It might well be thought to be a potentially deeply surprising proposition that in some way, shape or form, although we are focusing very hard for obvious reasons on the directly effective law, that come the brave new world, that is truly going to be a point of any significance.

They will look at, I don't know, farming and they will say: here we have, in relation to farming, regulations that directly affected section 2(1), we have a swathe of directives and a bunch of other framework agreements that sit on top of it. They are not going to suddenly say: we leave in place the regulations because they happen to be in place. The directive lapsed and so all that goes out of the window. They are going to say: what are we going to do now about farming?

What that tends to indicate in broader constitutional terms is the breadth and extent in the real world of inevitable future parliamentary involvement in the process.

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