View Single Post
Old 14th Dec 2018, 18:24
  #1411 (permalink)  
Gertrude the Wombat
Join Date: Nov 2000
Location: Cambridge, England, EU
Posts: 3,426
Originally Posted by PDR1 View Post
This is not true. The only requirement is that a revocation must come out of a national democratic process such as an election, a referendum or an act of parliament.
There is a argument that simply a decision of the PM is sufficient - the Miller case said that it wasn't a sufficient process to take away people's rights, but that doesn't mean it's not a sufficient process to retain people's rights. The CJEU having given its decision back to the Scottish courts it's now for them, the Scottish courts, to decide what the "national democratic process" can and can't be. (Yes I think it's slightly weird that this is going through Scottish rather than English courts too, but that's where we are.)
Gertrude the Wombat is offline