Judicial Intervention in Parliamentary Proceedings

Nov 19, 2018

The Inner House of the Court of Session in Scotland acted wrongly in referring to the Court of Justice of the EU the question of whether the UK can unilaterally revoke Article 50 and so remain in the EU

As the UK Supreme Court urgently considers the Government’s application for permission to appeal, and ahead of the CJEU hearing argument on 27th November, Policy Exchange’s Judicial Power Project publishes an excoriating analysis of the Scottish Court’s judgment.

Former First Parliamentary Counsel Sir Stephen Laws argues that the Scottish Court’s judgment is an unconstitutional intervention into parliamentary proceedings, which is arguably harmful to the national interest, clearly departs from the proper judicial function and violates parliamentary privilege.

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