Jeff King: What Next? Legislative Authority for Triggering Article 50

UK Constitutional Law Association

Jeff KingThe High Court judgment in Miller v Secretary of State for Exiting the European Union last Thursday made it clear that an Act of Parliament is required for a notice under article 50(2) of the Treaty of the European Union. My view is that an appeal is unlikely to be successful, but on any view we must be prepared for that outcome. The Government and Opposition should consider the form of such an Act without delay. So far, there has been little discussion about what form such legislation might take. This post seeks to begin that discussion, suggesting form, content and conditions that neither challenge the result of the 23 June 2016 referendum nor the Government’s stated timelines for giving notice.

The Form of Legislation

Bringing forward the Great Repeal Bill and trying to pass it before 31 March 2017 would be an awful idea, because it would embroil the…

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