Nusrat Zar and Mark Smyth have published a comment in The Times on two recent judicial review challenges in the context of Brexit. The decisions demonstrate that the UK courts are unlikely to be willing to be drawn into the political aspects of Brexit or to engage with hypothetical issues. The challenges also reflect a rise in the incidence of judicial review to seek to shape the course of Brexit. This may well continue following the recent passage of the EU (Withdrawal) Bill and impending statutory instruments relating to post-Brexit arrangements.
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