Brexit

Question 1

What was the question, turnout, and result of the referendum on EU membership?

Answer 1

– “Should the UK remain a member of the EU or leave the EU”?
– 72% turnout
– 52%/48%

Question 2

Which article of which EU treaty gives a member state the right to leave the EU?

Answer 2

Article 50 of the Treaty on the European Union (Maastricht Treaty)

Question 3

What was the legal question in R (on the application of Miller) v Secretary of State for Exiting the European Union (2017)? What did the UKSC hold??

Answer 3

Does the government (or the PM) have the legal right to invoke Article 50 without a vote in Parliament, using prerogative power?

UKSC held that the Royal Prerogative cannot be used to trigger Article 50 because that would change domestic law and the British Constitution – ministers cannot change constitutional law without Parliament’s approval

Question 4

Which Act of Parliament allowed the referendum on membership of the EU to be held?

Answer 4

European Union Referendum Act 2015

Question 5

Which Act of Parliament allowed the UK to notify the EU of its intention to leave?

Answer 5

European Union (Notification of Withdrawal) Act 2017

Question 6

What does the European Union (Withdrawal) Act 2018 do?

Answer 6

– Repeals ECA 1972 on ‘exit day’
– Transforms all EU law currently in force in UK into domestic law (‘retained’ legislation)
– Preserves laws made in UK to implement EU obligations
– Creates powers for Ministers to make secondary legislation to fix any issues with retained legislation
– UK domestic courts no longer bound by ECJ decisions