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brexit rule of law issues November 6, 2016

Posted by Bradley in : brexit , trackback

Thursday’s judgment in R (Miller) v Secretary of State for Exiting the EU is beautiful, a model of a judicial opinion, elegant and parsimonious, and also very careful not to trespass on political decision-making. It’s a judgment all law students in the UK should be required to read. But just as Mark Carney’s good faith implementation of his statutory mandate for financial stability has been critiqued as impinging on politics, so this good faith exercise of legal judgment has been impugned by people who should know better. And the Justice Minister stands by. How can a recognition of the fundamental principle of the British Constitution that sovereignty belongs to the Queen in Parliament be seen as anything other than pro-democracy? Meanwhile it looks as though the EU Commission is looking onto another (possible?) failure of the UK Government to respect the law – this time with respect to EU state aids rules and whatever promises have been made to Nissan. And surely this will attract just as much unthinking hostility as the other developments. And to think that the UK celebrated the 800th anniversary of Magna Carta last year.

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