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Best of the Spectator

Brexit on trial: The Supreme Court’s Article 50 case

Best of the Spectator

The Spectator

News Commentary, News, Daily News, Society & Culture

4.4785 Ratings

🗓️ 30 November 2016

⏱️ 30 minutes

🧾️ Download transcript

Summary

With Joshua Rozenberg, Professor Timothy Endicott, Paul Wood, Luke Coppen and Joel Snape. Presented by Isabel Hardman

Transcript

Click on a timestamp to play from that location

0:00.0

Hello and welcome to The Spectator podcast. I'm Isabel Hardman. On this week's episode, we're going to be talking about next week's Supreme Court case on the government's right to trigger Article 50. We'll also be looking at whether British data scientists help Donald Trump win the White House, and will be asking whether

0:21.0

America's president-elect has helped a brutal martial art become a mainstream phenomenon.

0:26.7

Monday's Supreme Court case will decide whether or not the government can kickstart Brexit

0:30.6

without the say-so of Parliament. It's a legal wrangle which has already sparked a furious backlash.

0:36.4

The earlier High Court ruling

0:37.6

saw the three judges responsible labelled enemies of the people and Brexit blockers. So whatever

0:43.5

the Supreme Court decides, it's likely that a response will be just as angry. But who is in the

0:49.0

right? In his spectator cover piece this week, Joshua Rosenberg,QC says the underlying issue in the case could not be greater,

0:56.4

with the political future of the United Kingdom and its relationship with the European Union at stake.

1:02.6

Joshua says the stage is set for a landmark case, which for once really does justify that cliché.

1:09.4

He joined Timothy Endicott, professor of legal philosophy at

1:12.6

Oxford University, to judge the judges. And I asked Timothy to explain where the case had got to.

1:19.2

Sure. Well, where we've got to is an instant classic of constitutional law from the divisional

1:23.8

court, a judgment that the government does not have the authority to trigger Article 50

1:31.1

because that would result, presumably, they assume that it was result inevitably, in Britain leaving

1:39.2

the European Union. That would deprive you and me of rights that we have. We have those rights

1:43.8

because Parliament gave them to us in 1972

1:46.5

in the European Communities Act,

1:48.4

and the Divisional Court decided that in that case,

1:51.5

the government's action would be overruling a statute of Parliament,

1:56.1

and that's constitutionally impossible.

1:58.4

And whatever the Supreme Court decides next week, students are going to be

...

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