Clutching At Straws: Remainers Push Notion That Brexit Is ILLEGAL...

Forget the politics – Brexit may be unlawful

Philip Allott
London Guardian
June 30, 2016

The circumstances surrounding the EU referendum are so bizarre, so chaotic and so impassioned that it is easy to overlook the fact that the UK’s withdrawal from the union would simply consist of two administrative acts performed by the government, acts that are subject to well-settled forms of legal analysis and legal evaluation.

The government decides that the UK will withdraw from the EU; and the government notifies the European council of that intention.

There is strong reason to believe that the government’s withdrawal decision would be unlawful, and hence that the notification would be invalid.

The government acts in question are, as a matter of legal analysis, the exercise of legal powers. It is of the essence of legal powers that they have limits. The reason is that the exercise of a legal power alters the legal situation of anyone to whom that exercise applies. It may reduce their legal freedom, deprive them of rights, and impose new legal obligations. A legal power of a public authority, such as the government, may affect the legal situation of very many people. For this reason, the courts are particularly firm in keeping public authorities within the limits of their powers. UK withdrawal from the EU would affect the legal situation of every person in the UK, and the legal situation of many other people elsewhere.

At the request of a person directly affected by the exercise of a power, a court may conduct a so-called judicial review to determine whether the exercise of a public power on a given occasion is, or is not, within the limits of the power. This applies to all public powers at all levels of government and administration.

Read more