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Speaker 1: Well, now it's time for our daily Bloomberg Law Brief,

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Speaker 1: exploring legal issues in the news, and the Law Brief

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Speaker 1: is brought to you by American Arbitration Association, International Trade

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Speaker 1: or Business Dispute Resolve Faster with the International Center for

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Speaker 1: a Dispute Resolution, the leader in Alternative dispute resolution around

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Speaker 1: the world i c d R dot org. Today Bloomberg,

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Speaker 1: Lajos dum Grasso and Greg Store discuss a British Supreme

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Speaker 1: Court decision about Brexit, in which the Justice is decided

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Speaker 1: by a vote of eight to three that Parliament must

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Speaker 1: have a say in Theresa May's plans to exit the

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Speaker 1: European Union. You speak with Michael Gordon, a professor at

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Speaker 1: the University of Liverpool, and Stephen Pierce, a professor at

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Speaker 1: the University of Essex. Mike, in a nutshell, what was

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Speaker 1: the core of the reasoning of the UK Supreme Court majority? Okay,

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Speaker 1: so the for the core of the reason on the

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Speaker 1: on the primary conclusion at least that there's a need

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Speaker 1: for an Act of Parliament to authorize the government beginning

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Speaker 1: that process of negotiation of our of our exit from

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Speaker 1: the EU and the onto artical fifty of the European

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Speaker 1: treaties was that in domestic terms, EU law is what

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Speaker 1: the majority called almost a new source of law in

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Speaker 1: the UK Constitution. And what the majority has concluded is

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Speaker 1: that the government's royal prerogative powers, the sort of powers

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Speaker 1: that the government possesses to conduct international relations and ratified treaties,

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Speaker 1: can't be used to cut off a new source of law,

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Speaker 1: as they call it, that the nineteen seventy two European

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Speaker 1: Communities Act, an act of Parliament that brought us into

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Speaker 1: the EU, has established. So it's quite it's quite an

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Speaker 1: interesting argument about EU law being this sort of this

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Speaker 1: new source of law in the UK Constitution and then

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Speaker 1: saying that the legislation of Parliament in nineties seventy two

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Speaker 1: and legislation since then dealing with changes to our EU

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Speaker 1: membership hasn't left the government with the powerund of the

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Speaker 1: royal prerogative to sort of begin that process of withdrawal. Stephen,

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Speaker 1: there were three in the minority. What was their argument, Well,

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Speaker 1: they started the more traditional view, which is that the

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Speaker 1: government's power to sign up to treatise and announced treaties

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Speaker 1: isn't limited, at least in this case by the open community.

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Speaker 1: That because it would still stay on the books, and

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Speaker 1: it even though it didn't create any legal effects, perhaps

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Speaker 1: it would. Nevertheless, the minority felt they wanted to give

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Speaker 1: precedence to the government's power to act over Parliament's powered.

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Speaker 1: Sort of the two worlds really in conflict with each

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Speaker 1: other here, whether whether you give precedence to the government's

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Speaker 1: power to act or treaties or parliament's power to change

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Speaker 1: its previous acts of Parliament. And the majority went with

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Speaker 1: the parliament's power having precedents. That minority went with the

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Speaker 1: government's power having precedents. And Stephen Pierre is a professor

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Speaker 1: at the University of Essex and Michael Gordon a professor

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Speaker 1: at the University of Liverpool, speaking with Bloomberg last jun Grass.

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Speaker 1: You can listen to Bloomberg Law weekdays at one pm

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Speaker 1: Wall Street Time here on Bloomberg Radio and that's this

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Speaker 1: morning's Bloomberg Law Brief. You can find more legal news

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