Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50 – UK Constitutional Law Association

Posted October 20th, 2017 in EC law, news, parliament, treaties by sally

‘The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that she could revoke the triggering of the Article 50 process. Her equivocal response led many to believe that such advice does indeed exist. Last Tuesday, this blog published an analysis of whether revocation was possible at the European Union level. This post considers the same question from a domestic law point of view. Many similar questions to those raised in the recent Miller litigation are relevant to determining if the Government can revoke the notification under Article 50. This post concludes that as a matter of domestic law, revocation cannot lawfully be attempted without direct authorisation by an Act of Parliament.’

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UK Constitutional Law Association, 16th October 2017