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

I respectfully agree. I am relying -- the 1972 Act arises in the context of a fundamental constitutional principle which applies generally. It is a fundamental constitutional principle that that which Parliament has created, ministers cannot set aside. Then one has the 1972 Act which adds greater force to the submission for all the reasons that I have sought to give, that it is not just an ordinary Act of Parliament, it is an act of constitutional importance, which contains section 2(4), which makes it even less likely that ministers would have a power to exercise the prerogative.

But I respectfully agree, there is no clamp, it is the application of fundamental constitutional principles of the United Kingdom. I do submit that if those fundamental principles are to be removed by Parliament itself, it is necessary for there to be clarity. Whatever else one might say about the 2015 Act, I respectfully submit that it cannot be said that the 2015 Act clearly removes the inability of the executive to act so as to frustrate the statutory rights. There is no clarity at all. What one has is an act of Parliament in very simple terms, there shall be a referendum, and that is all it says.

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