Kill Brexit Now! - A brief outline of the proposed legal action: 1. The purported Article 50 Notification was unlawful (Queen's Consent)
In this post I want briefly to outline one strand of the legal action that I hope to begin (ideally with a group of like-minded individuals) at some point over the next few months.
My aim here is simply to convey one line of legal argument in a form which is reasonably understandable to a layman.
My contention is that no lawful "Notification" in the meaning of Paragraph 2 of Article 50 of the Treaty on European Union exists.
If I'm correct that there is no lawful "Notification", then the whole "Brexit" process will inevitably collapse. The only question is when.
On 29th March 2017 Theresa May sent to the European Union a letter which purported to be a "Notification" in the meaning of Paragraph 2 of Article 50 of the Treaty on European Union.
That "Notification" was supposedly based on a "Decision" of the kind referred to in Paragraph 1 of Article 50 of the Treaty on European Union.
Does such a "Decision" exist? If so, who made it and when?
My view is that no such "Decision" exists.
The UK Government claimed to the UK Supreme Court that the "Decision" was made using the Royal Prerogative.
There are multiple reasons for doubting that to be the case.
I'll deal briefly with one line of legal argument here.
The basis of that argument is the effect of "Queen's Consent" as it applies to the European Communities Act 1972.
On 15th February 1972, at the Second Reading of what was then the European Communities Bill, Geoffrey Rippon infomed the House of Commons:
European Communities Bill (Hansard, 15 February 1972)
Mr. Rippon's statement indicates that "Queen's Consent" had been given to the matters to which the European Communities Bill related.
The effect of Queen's Consent was then made permanent by the granting of Royal Assent so that the European Communities Bill became the European Communities Act 1972.
The effect of Queen's Consent is that the Royal Prerogative (as it related to UK membership of what is now the European Union) was placed in the hands of Parliament.
In other words, neither the Queen nor the Prime Minister could use the Royal Prerogative with respect to matters relating to the European Union.
If neither the Queen nor the Prime Minister can lawfully purport to use the Royal Prerogative to make an Article 50 "Decision" it follows that the Prime Minister cannot lawfully make an Article 50 "Notification".
If the Prime Minister's letter of 29th March 2017 is not lawfully an Article to "Notification" the whole Brexit process must inevitably collapse.
My aim here is simply to convey one line of legal argument in a form which is reasonably understandable to a layman.
My contention is that no lawful "Notification" in the meaning of Paragraph 2 of Article 50 of the Treaty on European Union exists.
If I'm correct that there is no lawful "Notification", then the whole "Brexit" process will inevitably collapse. The only question is when.
On 29th March 2017 Theresa May sent to the European Union a letter which purported to be a "Notification" in the meaning of Paragraph 2 of Article 50 of the Treaty on European Union.
That "Notification" was supposedly based on a "Decision" of the kind referred to in Paragraph 1 of Article 50 of the Treaty on European Union.
Does such a "Decision" exist? If so, who made it and when?
My view is that no such "Decision" exists.
The UK Government claimed to the UK Supreme Court that the "Decision" was made using the Royal Prerogative.
There are multiple reasons for doubting that to be the case.
I'll deal briefly with one line of legal argument here.
The basis of that argument is the effect of "Queen's Consent" as it applies to the European Communities Act 1972.
On 15th February 1972, at the Second Reading of what was then the European Communities Bill, Geoffrey Rippon infomed the House of Commons:
I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place Her interest and prerogative, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.The origin of the quote is here in House of Commons Hansard:
European Communities Bill (Hansard, 15 February 1972)
Mr. Rippon's statement indicates that "Queen's Consent" had been given to the matters to which the European Communities Bill related.
The effect of Queen's Consent was then made permanent by the granting of Royal Assent so that the European Communities Bill became the European Communities Act 1972.
The effect of Queen's Consent is that the Royal Prerogative (as it related to UK membership of what is now the European Union) was placed in the hands of Parliament.
In other words, neither the Queen nor the Prime Minister could use the Royal Prerogative with respect to matters relating to the European Union.
If neither the Queen nor the Prime Minister can lawfully purport to use the Royal Prerogative to make an Article 50 "Decision" it follows that the Prime Minister cannot lawfully make an Article 50 "Notification".
If the Prime Minister's letter of 29th March 2017 is not lawfully an Article to "Notification" the whole Brexit process must inevitably collapse.
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