184: Navigating the Reservoir of Retained EU Law after Brexit
Law Pod UK
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The ECJ's Decision to Refer Points to the High Courts
It will create a situation where settled legal problems, settled matters of interpretation are suddenly open for dispute. It seems to me like this bill actually creates a mechanism for essentially attempting to create policy change via litigation and also puts the judiciary in a very difficult position. If the courts don't abandon the ECJ's judgment, it's not difficult to imagine how certain political actors or industrial parties might decide to make issue of this. That might be the kind of argument that is made. So I think this is a dangerous and tricky bit of the bill because it doesn't get the blood flowing on the face of it.
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