Consequences of the High Court's Reasoning in the Article 50 judgment: EU law-making unlawful

Mikolaj Barczentewicz argues that the reasoning adopted by the High Court in its judgment in the Article 50 litigation (Miller) has some surprising and radical consequences. These consequences were not considered by the Court. His post focuses on how it follows from the Court’s framework that it is unlawful for UK ministers to participate in the making of EU legislation that has the effect of diminishing rights arising under EU law or under UK law.

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