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ARTICLE · 27 JULY 2016

Constitutional Aspects Of Brexit

It is not a good start, perhaps, that the term itself is inaccurate in that the UK is not just 'Br'itain, but also includes Northern Ireland.

United KingdomGovernment, Public Sector

Executive summary: The EU Referendum was advisory, not binding; no UK decision on 'Brexit' has yet been taken; although EU law has primacy, the UK has never given up sovereignty to the EU; the issue of whether Parliament has to legislate for a decision to leave the EU, before 'Article 50' notification is given, is the subject of English court proceedings; an alternative view is that the House of Commons should simply be consulted; any agreement between the UK and the EU as to 'Brexit' could be a treaty needing prior legislation by Parliament; alternatively, it could be subject to veto by the House of Commons; if not vetoed, Parliament would need to legislate to give it effect under UK law; in the absence of a withdrawal agreement between the UK and the EU, the UK will automatically drop out of the EU treaties two years after 'Article 50' notification, unless an extension of time is agreed.

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