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UK Supreme Court rejects challenge to lawfulness of Brexit Northern Ireland protocol – JURIST

The UK Supreme Court Wednesday rejected a challenge to the constitutionality of the implementation and operation of the post-Brexit Northern Ireland Protocol.These proceedings challenge the lawfulness of the Northern Ireland Protocol, which formed part of the agreement between the United Kingdom and the European Union regarding the UK’s exit from the EU. The protocol was given legal effect by section 7A of the European (Withdrawal) Act of 2018. Appellants raised concerns about the constitutional settlement of the UK, the operation and interpretation of the Belfast Agreement and the effect of the UK-EU Withdrawal Agreement and the protocol in domestic law.The appellants relied on three grounds of appeal. First, they argued that the protocol is incompatible with Article VI of the Acts of Union 1800. Second, they argued that there can be no substantial change to the status of Northern Ireland without poll procedures as defined in Section 1(1) of the Northern Ireland Act (NIA) of 1998. Third, the appellants challenged the lawfulness of the protocol under Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations of 2020.The Supreme Court dismissed all three grounds of appeal.
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