As the Supreme Court rules against the government in the constitutional case of the century, David Mundy and Oliver Spencer outline the court’s findings and examine what must happen now for the UK to leave the EU
The Supreme Court (by a majority of 8-3) has shed important new light on the nature of the UK’s unwritten constitution.
The Supreme Court considered that the “unprecedented effect” of the European Communities 1972 Act was to authorise a “dynamic process” under which EU law not only became a source of UK law, but took precedence over all domestic sources of UK law, including acts of parliament.
The court decided that it would be inconsistent with long-standing constitutional principles for ministers to make a fundamental legal change (ie triggering Article 50 leading to the loss of a source of UK law) without an act of parliament.
So the government needs Westminster to pass an act of parliament to trigger Brexit.
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David Mundy is a partner and Roll A Parliamentary Agent; Oliver Spencer is a trainee solicitor at Bircham Dyson Bell LLP
