The UK Supreme Court’s Brexit Judgment: Implications and Unintended Consequences
By Rory O'Connell
The UK Supreme Court decision in the Brexit litigation on Tuesday is the most important judgment that the Court has delivered in its short history. Its 283 paragraphs will provide much material for academic, policy, and political debate for years to come.
The Supreme Court decided that the formal process to leave the European Union required an Act of Parliament, and cannot be initiated by executive (“prerogative”) powers alone. This shifts the focus of the Brexit process to the UK Parliament. For strong supporters of Brexit this may be of concern, because prior to the Brexit referendum, it was clear there was no Parliamentary majority in favour of Brexit.