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

I say no effect for these reasons. First of all, I accept, and it is the Government's case, that the United Kingdom had power to withdraw from the treaties prior to the changes made by Lisbon. It is not suggested by the Government this was a new power; it is a new means, it formalises the process. That is the first point.

The second point is that Article 50 does not say anything about the way in which domestically the state should act. It refers to the constitutional requirements of the state in question.

Thirdly, as Mr Eadie accepted, Article 50 does not have effect as part of section 2(1) of the 1972 Act. Therefore, I submit that it is simply not possible to suggest that what happened in 2008 affects the question of the division of responsibility between the Government and Parliament.

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