Brexit: here come the lawyers

As a matter of “powerful constitutional principle”, no exercise of prerogative power alone is capable of altering domestic law

In  R (Miller) v Secretary Of State For Exiting The European Union [2016] EWHC 2768 (Admin), three of the English High Court’s most senior judges (personally and outrageously maligned as partial by the media, to the Lord Chancellor’s unforgiveable silence) last week found against the United Kingdom government’s position on the process by which the UK may withdraw from the European Union.  As well as providing for a frisson of local recognition by the judges’ reliance on Fitzgerald v Muldoon [1976] 2 NZLR 615 (HC) (of which Brexit has populist echoes), the judgment presents substantial challenges to the UK government, not all answerable by its ‘leapfrog’ appeal (to be heard next month by all 11 Supreme Court judges, apparently to avoid any suggestion alternative results could be available from a differently constituted panel). Continue reading “Brexit: here come the lawyers”