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

Lord Hoffmann says, quoting Associate Justice Kentridge, that even in a constitutional context, even in a constitutional context, it is absolutely vital that what the court does is it looks at the language of the relevant instrument, here the 2015 Act.

What the court cannot do, because otherwise -- I think the term used is divination, what the court cannot do is somehow to infer from the general context a purpose and intention and effect that has no support whatsoever in the language. That is creation. That would be, in my submission, objectionable to traditional law-making.

Keyboard shortcuts

j previous speech k next speech