Article 50 Treaty on European Union

A previous post looked at the point whether a Article 50 notification may be withdrawn by the State which gave the notice - Absent from the Feast - December 2016.  As far as I am aware, there is no definitive answer to that question though withdrawal of the notice by mutual agreement would seem possible.

Article 50 has received a considerable examination in a paper by Piet Eeckhout (University College London, Faculty of Laws) and Eleni Frantziou (University of Westminster) - Brexit and Article 50 TEU: A constitutionalist Reading.

Human Rights

As The Independent 29th December 2016 reports - Theresa May is planning to make leaving the European Convention on Human Rights ("the Convention") a central aspect of her 2020 election campaign.  She would reportedly plan to transfer the rights from the international body into British law, to be applied by the Supreme Court.  Mrs May will be looking for a solid mandate from the British public – and a stronger majority in Parliament – to proceed with the controversial process of leaving the Convention.

The international body

Brexit litigation in the Supreme Court - Government responses on the final day

This is the final post looking at the government's appeal to the Supreme Court in the "Brexit litigation".  The appeal is against the decision of the High Court that the Secretary of State does not have the power under the Crown's prerogative to give notice pursuant to Article 50 of the Treaty on European Union (TEU) for the United Kingdom - R(Miller and Dos Santos) v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin).   Day 4 of the hearing concluded with responses by the Advocate General for Scotland and by Mr James Eadie QC for the government.

Transcript Day 4 - Morning and afternoon combined - 4 page version (PDF)

Advocate General for Scotland - (AGS) - Transcript Day 4 at pages 130 to 147.

Brexit litigation in the Supreme Court - the case for Miller, Dos Santos and others (5)

The previous post looked at submissions by Helen Mountfield QC on behalf of  Graham Pigney and others.  This post looks at submissions by Manjit Gill QC for interested parties AB, KK, PR and children and then Patrick Green QC for the "ex pat" interveners George Birnie and others. 

Written cases were submitted to the court: Gina Miller; Deir Tozetti Dos Santos; Graham Pigney and others;  AB, KK, PR and children

Transcript Day 4 - Morning and afternoon combined - 4 page version (PDF)

Mr Manjit Gill QC - Transcript pages 101 to 115

Brexit litigation in the Supreme Court - the case for Miller, Dos Santos and others (4)

This post looks at submissions by Helen Mountfield QC on Day 4 of the Brexit hearing in the Supreme Court.  The submissions were  for interested parties Graham Pigney and others,

Written cases were submitted to the court: Gina Miller; Deir Tozetti Dos Santos; Graham Pigney and others;  AB, KK, PR and children

Transcript Day 4 - Morning and afternoon combined - 4 page version (PDF)

Helen Mountfield QC - Transcript Day 4 page 60 to 100

Brexit litigation in the Supreme Court - the case for Miller, Dos Santos and others (3)

The government appealed against the High Court's decision that the Secretary of State does not have the power under the Crown's prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union -R (Miller and Dos Santos) v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin).

The government's case as put to the Supreme Court was considered in two posts - here and here.  Arguments for Gina Miller were put by Lord Pannick QC on Day 2 - (see here) and in the morning of Day 3 - (see here).

This post looks at the submissions on Day 3 by Mr Dominic Chambers QC for Mr Dos Santos.  Submissions on Day 4 will be the subject of the next post.  Those submissions were  - Helen Mountfield QC for interested parties Graham Pigney and others; Manjit Gill QC for interested parties AB, KK, PR and children and then Patrick Green QC for the "ex pat" interveners George Birnie and others.

Brexit litigation in the Supreme Court - the case for Miller, Dos Santos and others (2)

This is Part 2 of posts looking at the arguments put forward by Gina Miller and others.  The government mounted a powerful assault against the High Court's decision that the Secretary of State does not have the power under the Crown's prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union -R (Miller and Dos Santos) v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin).

The government's case as put to the Supreme Court was considered in two posts - here and here.  Arguments for Gina Miller were put by Lord Pannick QC on Day 2 - (see here) and in the morning of Day 3.  Also on Day 3, the court heard Dominic Chambers QC (acting for Mr Dos Santos).