Dublin, Ireland (TFC) – In a statement today from one of the eleven Supreme Court judges, Lady Brenda Hale, stated that the Brexit vote may not be recognized as “legally binding”. This might mean that the protectionist measures and complex trade negotiations (and re-negotiations) with other European countries may be defined on completely different terms than are already being proposed.
It is worth noting that any referendum, including Article 50 (aka Brexit) can be as ruled as non-binding in praxis, as furthermore legally inapplicable.
The “Brexit” referendum is no different and has been challenged on several legal fronts already. The High Court has ruled in favor of campaigners opposed to the fulfillment of Brexit, against the government’s wishes. However, the Supreme Court’s evaluation would prove to be the final frontier in which any opposition to the vote can be mobilized in an uncomplicated and legally finalizing fashion. This would very likely derail current Brexit plans significantly.
We have yet to hear from other justices on the matter, prior to the final Supreme Court ruling. The final ruling is projected to be finished next month. However, her statement could be an indication that other Supreme judges will be ruling against the legal application of Article 50 consistent with the ruling in the High Court.
If the Supreme Court rules that Article 50 is not legally binding, the outcome could be that the execution of Brexit could be performed more gradually and focus less on pure hardliner protectionism.
It has already been pointed out that this may lead to further complications for Scotland, Northern Ireland and the Republic of Ireland–regions which will all be effected. The Republic of Ireland is set to be effected by whatever goes on in the UK because of its close proximity and inextricable trade relationship with the UK regardless of its already independent nature.