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

It doesn't matter, because if Parliament legislates, envisaging the exercise of prerogative power, which is my learned friend's case, you have to ask yourself, can Parliament possibly have legislated for the exercise of an illegitimate power, to which the answer is obviously no. If in fact prerogative power cannot be used to dispense with laws, it is inconceivable that the European Communities Act could have legislated for what Mr Eadie called the rest being the prerogative, to take us out of the European Union.

So the distinction, the semantic, with respect in my submission, distinction between illegitimate exercise of a power and the existence of a power falls away when one appreciates that there simply could not be a legislative intention to contain within a statute an illegitimate use -- envisage illegitimate use of the prerogative.

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