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17 November 2016 / Nicholas Strauss KC
Issue: 7723 / Categories: Features , Public , Brexit , EU , Constitutional law
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Brexit: the final say

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Article 50: an incorrect concession? Nicholas Strauss QC proposes an alternative line of attack

  • ​There is little point in a referendum which is advisory only, as it just throws the ball back to Parliament, so that the public vote is little more than an opinion poll.
  • The government’s best hope may be to reconsider its concession that the referendum was not binding before the appeal to the Supreme Court is heard next month.

In Santos v Miller v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin), [2016] All ER (D) 19 (Nov), the Divisional Court decided that the government’s prerogative powers did not enable it to implement the result of the EU referendum by giving notice under Art 50 of the Treaty on European Union. Another Act of Parliament is required, in addition to the EU Referendum Act 2015 (the 2015 Act).

Government’s concession

The government had accepted that the result of the referendum did not itself provide the source of a power to give the notice, because it was only “advisory”, even though neither

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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