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Brexit Northern Ireland protocol is lawful, supreme court rules | The Guardian |

Judges reject legal challenge to UK-EU trade arrangements by group of unionist leaders

In its assessment of the first ground of appeal, the judges said the appellants' arguments as to whether the 1800 Act of Union and more recent acts enabling the UK's withdrawal from the EU were statutes of a constitutional character were "academic".

Even if they were, the "clearly expressed will of parliament" could not be overridden, they said.

"The most fundamental rule of UK constitutional law is that parliament, or more precisely the crown in parliament, is sovereign and that legislation enacted by parliament is supreme," they said in their ruling.

The judges cited a 2019 supreme court case brought by Gina Miller to determine its ruling on the second ground of appeal, that the protocol was incompatible with the 1998 Northern Ireland Act.

In that case, the judges had ruled unanimously that the 1998 act did not regulate any change in the constitutional status of Northern Ireland, other than the right of the people to decide, by referendum, if they wanted to remain in the UK in a new united Ireland.

They dismissed that ground of appeal as an "incorrect" meaning of the 1998 act.

Thirdly, the judges also rejected arguments that the protocol could only be enforceable if it had cross-community support, noting a post-Brexit provision in the 1998 Northern Ireland Act giving the Northern Ireland assembly a chance to vote on whether articles 5 to 10 of the protocol should continue to apply.

The Good Friday Agreement for slow learners

'Sapere aude'

by Oui (Oui) on Sat Feb 11th, 2023 at 10:29:39 PM EST

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