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

You could say this illustrates the dangers of metaphors, because if you regard the 1972 Act as suppressing or placing a fetter on or a clamp on the prerogative, then that begs the question how is that fetter or clamp removed. As I have understood your argument, you submit it is not a question of a fetter, it is a question of the 1972 Act creating a new context; and the new context is that, given that powers, rights, have been given to the British citizens by this means, a new constitutional principle is in play, by reason of the different contexts.

And therefore when one comes to examine the 2015 Act for its efficacy in putting at nought that constitutional principle, you are not addressing the question: are you removing a clamp or dismantling a fetter; you are asking yourself the question: is it sufficient to displace the fundamental constitutional principle which you say obtains?

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