Editors’ note: This is cross-posted from the Judicial Power Project website and forms the main part of a short paper published today by the Project.
Oral argument in the Brexit Case in the Administrative Court last week left an easy case looking a bit difficult. It allowed Lord Pannick QC, for the lead claimant, to reiterate a couple of dozen times in his Reply, unchallenged, the glaringly fallacious syllogism on which he has rested the claim: (1) statutory rights enacted by Parliament cannot be destroyed (removed, defeated, etc.) by executive action without Parliamentary statute [or authorization]; (2) the myriad rights acquired by UK persons under the Treaties given effect in the UK by s. 2(1) ECA 1972 are statutory rights enacted by Parliament; (3) therefore no executive action can be taken to terminate the UK’s adherence to those Treaties without authorization by statute [or other parliamentary authorization].
But rights…
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Utopia, you are standing in it! 
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