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Constitutational requirements for revoking Article 50?

by JohnAllman.UK

Constitutational requirements for revoking Article 50?

by JohnAllman.UK
JohnAllman.UK
Case Owner
My name is John Allman. You can learn about me via JohnAllman.UK blog.
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JohnAllman.UK
Case Owner
My name is John Allman. You can learn about me via JohnAllman.UK blog.

The courts have never ruled what the "constitutional requirements" are for a British government minister to revoke the notice already given under Article 50 of the UK's intention to leave the EU.

I want to get this question answered in court, putting an end to the uncertainty.

Some experts say that an Act of Parliament permitting the revocation of Article 50 would be needed.  (There isn't one yet.)  Others disagree. 

Until she got the latest Article 50 extension, Mrs May was threatening to cancel Brexit.  So I went to the Royal Courts of Justice on Wednesday 10th April 2019, to try to stop her doing that without an Act of Parliament permitting her to do this.  I was ready to continue my efforts the next day.

Because she got a further extension (until 31st October) out of the Council of Ministers overnight on Wednesday/Thursday, I realised that Mrs May wasn't going to tempted after all to revoke Article 50 without an Act of Parliament, before 23:00 on Friday 12th April.  So, I did not continue in court on Thursday as planned.  Instead, I decided to get myself a lawyer, and do this job properly, not in a rush.  But the job has to be done eventually.

The Supreme Court ruled, in a case called Miller, that an Act of Parliament was needed to give Article 50 notice in the first place.  I say that the same should apply to revoking the notice.  It should not be left a matter of divided opinion whether an Act of Parliament is equally needed to revoke Article 50 notice once it has been given.  I was surprised to learn that there hadn't been a test case about this already, leaving it to me to bring one, in plenty of time before the next Brexit "crisis", in October at the latest.

Please help me to get the uncertainty settled once-and-for-all.

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