header-logo header-logo

08 September 2017 / David Wolchover
Categories: Features , Brexit , Constitutional law
printer mail-detail

The case of the missing mandate

nlj_7752_davies_1

David Wolchover contends that there is no mandate for the UK to be taken out of the EU & considers how the European Parliament may force a further referendum

Early in June Counsel Magazine online published an article in which I contended that the Prime Minister’s 29 March 2017 letter to President of the Council of Europe Donald Tusk did not, despite its claim, actually trigger Art 50 of the Treaty on European Union (“Article 50: the trigger that never was?”). My argument was and remains that no decision or equivalent declaration of intention has ever been made by the UK to leave the EU and the government enjoys no mandate to embark upon the journey to withdrawal.

Having further contemplated the issue I have formulated a further argument which arguably makes the case against the existence of a mandate for invoking Art 50 incontrovertible. The purpose of this article is to highlight that new argument, which is likely to provide the basis for discreet steps to be taken to bring the issue before the European Union Court of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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
back-to-top-scroll