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

One does. It is said in binary terms but it is an addition to the principle of consent and why it is given separate status. My submission is that it is to avoid a scenario like joint sovereignty, like the Anglo-Irish agreement, ever happening again, for the will of the people of Northern Ireland in constitutional issues to be overridden by Parliament against their wishes.

Can I say one final point, my Lords, my Lady, that it would be unthinkable that section 1 of the Northern Ireland Act could be repealed and I would refer to the remarks made by Lord Denning in the Blackburn case where he referred to whether one could repeal the acts which give power back to the dominions, and he said it would be unthinkable for such matters to be repealed but he said if that ever did happen in terms of the European arrangements, then the court would look at it but the phrase he used, "What has been given away cannot be taken back", and we say section 1 is a statutory expression of that, my Lords, my Lady, and in those terms the triggering of Article 50 would impede that expression of self determination and the principle of consent.

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