The government has prepared an explanatory note about The EU Withdrawal Bill (HERE). I say note but it is actually 68 pages long. I recall Bill Cash appearing on television, in 2015 I think, explaining how simple it would be to repeal the 1972 European Union Act. The note gives the lie to that. It is immensely complex and will no doubt provide lawyers with an income for years and years.
"If [the government] doesn't express clearly what the judges should do about decisions of the ECJ after Brexit, or indeed any other topic after Brexit, then the judges will simply have to do their best."
"But to blame the judges for making the law when parliament has failed to do so would be unfair," he added and went on to say that
all judges "would hope and expect Parliament to spell out how the judges would approach that sort of issue after Brexit, and to spell it out in a statute".
The note on page 16 sets out how EU law fits in to the UK legal system - it is very complicated and runs to several pages. What it does not do is set out what UK courts are to do about ECJ decisions after we leave. Some in parliament have complained bitterly in the past about the supremacy of the ECJ and also about judges encroaching into politics. Lord Neuberger is now asking them to spell out exactly how our own courts are to proceed.
If it all goes wrong they will have no one else to blame but themselves.
