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My understanding is that there was no Grand Legal Masterplan for the wording. It was a bit of an afterthought and dependent on some very specific circumstances, which are now historical.

So there is no detailed legal implication buried in the wording, because it was never considered likely enough to need more specific detail.

This does of course leave it open to interpretation by the ECJ. But - as I've suggested before - ultimately it's a political issue, not a procedural one.

If the political will is there, A50 will be revoked somehow. If it isn't, all kinds of challenges and obstacles will make it seem like an impossibility. Most likely there will be some toing and froing and the EU will demand a price - possibly a token one, possibly not - before agreeing.

But it's also worth pointing out that there are now multiple challenges to the legality of the referendum result, and if they succeed the basis for A50 - that it's invoked in accordance with a country's constitutional requirements - will no longer apply.

Leave are trying to argue that parliament's vote to invoke A50 supersedes and legitimises the result, even if it was illegitimate and possibly even criminal.

I think that would be unlikely to stand up to a challenge. In any case, at the moment it looks as if May will lose her vote, and her current "charm offensive" around the UK (oh my aching sides...) is actually some one-sided campaigning in preparation for a GE.

If so - good luck with that plan.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Thu Nov 29th, 2018 at 12:42:29 PM EST
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