Richard Ekins KC (Hon) is Head of Policy Exchange’s Judicial Power Project and Professor of Law and Constitutional Government, University of Oxford.
The Supreme Court has today rejected the Government’s appeal from the High Court judgment by a majority of eight justices to three. The decision means that a new Act of Parliament will now be required before the Government may lawfully trigger Article 50. However, the Court has also unanimously dismissed the devolution challenges, which argued
Ordinarily, the Supreme Court sits in panels of no more than nine. All 11 justices will hear the government’s appeal, to avoid any suggestion that the composition of the panel might make a difference to the outcome. Caution is understandable: judges differ in philosophy, temperament and in how they understand their role. Lord Neuberger has been
