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

It does, my Lord. Although, for the reasons I have sought to articulate, I say that if one is testing that constitutional issue in light of our current constitutional circumstances, then it is the existence of the devolved legislatures, the impact on them, on their competences and on policy areas with which they are concerned, and (Inaudible) of this convention are all part of the current constitutional context for the question -- in which the main question needs to be addressed.

Can I then make a short submission on the phrase "it is recognised that", which my Lord Hodge asked me about yesterday. In my submission, that is a phrase which again refers one back, it tells us that Parliament is referring to something that already exists. It is a phrase -- we have had a search done -- and it is a phrase -- not a phrase that appears to be very much used. It has been used in the context of two constitutional orders which I am afraid I do not have with me but I will make available to the court, the Gibraltar constitution order and the Virgin Islands constitution order. In the former there is a provision that states:

"It is hereby recognised and declared that in Gibraltar there have existed and shall continue to exist each and all of the following human rights and freedoms, recognised and declared."

Likewise in the Virgin Islands constitution order, in a similar context, in relation to the enactment of fundamental rights and freedoms, there is a set of provisions that include:

"Whereas it is recognised that those fundamental rights and freedoms apply subject to respect for the rights and freedoms of others ..."

And so on, namely, and then they are enumerated. So those are examples of the phrase being used, in a way recognising something which is said already to exist, but which is being brought into a particular legal and constitutional framework.

Keyboard shortcuts

j previous speech k next speech