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

Since you have chosen to go down this road, could I ask you a follow-up question. It occurs to me that if there is a clamp, one way of envisaging it is in terms of legal powers. Either the prerogative remains or it does not in relation to withdrawal from the EU treaties.

Another way of looking at it might be looking at it in the same sort of way that it was discussed in Laker as being to do with whether the power is being properly exercised or abusively exercised, in which event one might say that if Parliament passes the act and a week later, for no apparent reason, the Government decides to withdraw, and then that is an abuse of a power; if on the other hand the Wilson Government holds a referendum as it does, and if it had gone the way that this one has gone, it then decides to withdraw, then there is a rational and a basis with support in a principle of -- a constitutional principle of democracy for exercising power, and you see the point I am making --

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