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art 50 notification withdrawal case to proceed March 20, 2018

Posted by Bradley in : brexit , trackback

The Court of Session (Inner House) addressed a challenge to the rejection of a petition for a preliminary reference on the issue of withdrawal of the Art. 50 notification. The case should proceed to a full hearing. The Court said:

if this petition were shorn of its rhetoric and extraneous and irrelevant material and were reduced, after adjustment, to a manageable size which conformed to Lord Hope’s guidance in Somerville v Scottish Ministers … a case of substance, albeit not necessarily one which is likely to succeed, can be discovered. The issue of whether it is legally possible to revoke the notice of withdrawal is, as already stated, one of great importance. On one view, authoritative guidance on whether it is legally possible to do so may have the capacity to influence Members of Parliament in deciding what steps to take in advance of, and at the time of, a debate and vote on the European Union (Withdrawal) Bill. After all, if Parliament is to be regarded as sovereign, the Government’s position on the legality of revoking the notice may not be decisive. Whether such guidance falls within the proper scope of judicial review aises yet another issue. However, that scope is wide and … the law is always developing and, in certain areas,it can do so quickly and dramatically.The scope of judicial review of Government policy may be one such area, at least where no issue of questioning what is said in Parliament arises.

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