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Panel discussion of Article 50. Credit: Tia Matt
The Article 50 Litigation and its Implications for Brexit
Exeter academics discuss Article 50 and Brexit in an event organised by the Exeter Student Law Review
On 23 November 2016, Professor Sue Prince, Dr Aurel Sari and Dr Kubo Mačák participated in a panel discussion on the subject of 'The Article 50 Litigation and its Implications for Brexit'. Organised by the Exeter Student Law Review, the event was attended by more than one hundred students and staff who also participated in a very lively question and answer session.The attendees had the chance to talk with the speakers over some light refreshments following the panel session.
The case of Miller v Secretary of State for Exiting the European Union represents one of the most significant judicial pronouncements on the legal aspects of Brexit after the United Kingdom voted to leave the European Union in the referendum held on 23 June 2016. In this case, the High Court held that the Secretary of State did not have the power under the royal prerogative to give notice under Article 50 of the Treaty on European Union (TEU) for the UK to withdraw from the EU. The case raised questions on the limits of governmental authority and on the sovereignty of Parliament. It also raised questions about the independence of the judiciary following the publication of offensive front-page headlines, accusing the courts of "blocking Brexit" and labelling them as "Enemies of the people" (The Daily Mail). The speakers discussed the various legal and political implications of the decision in Miller. Dr Mačák began by considering the interplay between statute and royal prerogative. Dr Sari's presentation then focused on the interpretation of Article 50 and the revocability of a notice to withdraw made under that provision. Professor Prince concluded the presentations by examining the impact of media coverage on the case, as well as the wider constitutional implications of the judiciary's role in determining the limits of Brexit.
The Exeter Student Law Review was founded in 2014 and is Exeter Law School's flagship student-led legal academic publication. It has grown exponentially since its inception and is currently managed by a board of more than ten editors. The Review has also established an honorary board of members, composed of senior legal practitioners and academics, who support itw in an advisory capacity. The Review accepts articles from University of Exeter law students at all levels of study. In addition to its main annual publication, the Review regularly organises employability workshops and academic talks which are aligned to the Review's central purpose of promoting the exposition, discussion, and debate of outstanding legal research.
More information on the Exeter Student Law Review, past volumes, standards for submissions and details of the honorary board can be found at http://www.exeterstudentlawreview.co.uk/.
Date: 30 November 2016