Michael Zander QC considers the oral arguments in the Art 50 court case
- The Divisional Court heard arguments over three days as to whether the government can use the royal prerogative to trigger Art 50 of the Lisbon Treaty thereby threatening loss of important statutory EU rights.
The Brexit court case (Santos and M v Secretary of State for Exiting the European Union) is unusual because of its political and constitutional significance. It is also unusual (or, query, unique) because at public expense a transcript of the proceedings was made accessible online within a short time of each morning and afternoon session. The transcript of the three days of oral argument runs to 586 online pages.
Critical contentions
Reading the oral argument with all the judicial interventions offers the opportunity of hazarding an opinion as to what are likely to be the critical contentions the judges will consider when coming to their decision.
The claimants asked the Divisional Court for a declaration by way of judicial review. As amended, the requested declaration was simply that the executive
