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

In the very straightforward sense that it has been enacted into statute, and I can give the court -- the learned Advocate General referred the court to the Canadian patriation case, which raised a question not very dissimilar from the one that this court has to deal with on this issue. In the patriation case, the court divided on whether it would answer a question about whether a constitutional convention of consent by the provinces was required, and the majority held that they would.

All of the judges agreed that in the true sense, if a convention is not a rule of law, and they all spoke to the potential transformation of a convention by statute, and the references can be seen at MS 8834, in the opinion of the minority, and 8845 in the opinion of the majority, MS 8834 and MS 8845.

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