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Murray: The UK Supreme Court’s Brexit Decision: Probably Right and Yet So Unnecessary

The following article appears at National Review Online and is presented with permission of the author

The UK’s Supreme Court has ruled that Parliament must agree to make Britain’s exit from the European Union, which the British people voted for last June, a reality. Her Majesty’s Government (HMG) had argued that following the vote, all that was needed was for Ministers to exercise the Royal Prerogative of treaty-making powers to withdraw from the EU treaties. The Supreme Court disagreed, saying that Parliament had constrained that power, perhaps unintentionally, in 1972 when the European Communities Act was passed. The judgment can be read two ways – as an insult to democracy, or as a rightful reiteration of Parliamentary sovereignty. In reality, it is both.

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