Brexit

?
what does Mark Elliot assume about prerogative powers?
assumes that Brexit could be passed using prerogative powers, but questions if it should be up to parl.
1 of 7
Gina Miller, asked Lord Panick if she could fund the Mller case. Crowd funding was also used, raising over £170,000 for British citizens living in the EU.
The external publicity brings together set of lawyers and set of arguments within Brexit and Miller. There is also a large level of transparency, it went before divisional Court, which is not usually filmed, but arguments and transcripts of hearings
2 of 7
and judgment was published. They were influenced by articles published, which is very unusual. The activity around contributed to lawyers arguing for them and improved quality of their arguments
g
3 of 7
there is talk of a second referendum, but if this was to occur, could we actually remain?
Wightman & ors v Secretary of State for Exiting the European Union. A case that has been referred from Scottish courts. In Miller, court assumes the process is irreversible (e.g. the bullet metaphor)
4 of 7
what does the advocate general do?
gives an opinion, possibly influencing the court of justice within Wightman case
5 of 7
What is the issue here?
Is article 50 reversible at all? Lord Kirk who wrote it says it must be, however when interpreting a statute we must look at the words. Would Britain need the consent of member states to come back?
6 of 7
The law changes, how can we influence it?
We have to stick with factortame as far as Withdrawel agreement is concerned, courts must continue to have the power to disapply parl legislation that is against withdrawel agreement, this infringes on Parl Sovereignty
7 of 7

Other cards in this set

Card 2

Front

Gina Miller, asked Lord Panick if she could fund the Mller case. Crowd funding was also used, raising over £170,000 for British citizens living in the EU.

Back

The external publicity brings together set of lawyers and set of arguments within Brexit and Miller. There is also a large level of transparency, it went before divisional Court, which is not usually filmed, but arguments and transcripts of hearings

Card 3

Front

and judgment was published. They were influenced by articles published, which is very unusual. The activity around contributed to lawyers arguing for them and improved quality of their arguments

Back

Preview of the front of card 3

Card 4

Front

there is talk of a second referendum, but if this was to occur, could we actually remain?

Back

Preview of the front of card 4

Card 5

Front

what does the advocate general do?

Back

Preview of the front of card 5
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