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

My respectful submission is it is not a complete answer, and I don't advance it as such, but it is a thoroughly good indication. If the proposition is that it is absolutely constitutionally anathema for the Government to act on the international plane, forget about the institutions, which is a separate point and us participating in them, but if that is the proposition, we don't agree because it is integral that that is what they do. That is the structure of the Act.

As I say, that is not a complete answer because I have to go the stage further, which I imagine is one my Lord, Lord Wilson was interested in, scale and withdrawal, is that a different beast to the beast that is our continued exercise of that sort of power. It is the same point that I think my Lord, Lord Hodge is putting. We respectfully submit it is different, of course, and we recognise that, but it is important in trying to work out to what extent Parliament intended in 1972 to shut its face against us withdrawing.

It is relevant as a step along that road to acknowledge that Parliament had already accepted that as part of our continuing membership, we could on the international plane take steps which would have the direct effect of removing rights.

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