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

Well I don't say it is irrelevant that it is now in an Act of Parliament. To take the example of fundamental rights, there is a nice passage in the case of Higgs, which the court has at MS 2763, where Lord Cooke of Thorndon, speaking of the right not to be subjected to inhuman treatment, said:

"It is recognised rather than created by international human rights instruments."

It doesn't mean that it is irrelevant that it is then enacted or brought in with human rights instruments.

I entirely take my Lord's point that at the end of the day, it will be a matter of construction for the court to decide what the implications are of the change in, what I say is a change in juridical status of the rule.

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