It is now clear, contrary to most expectations, that the Scottish Court of Appeal has accepted the legality of the three letters that were sent to the EU regarding an extension of Article 50 on 19 October. Even Lord Pannick reluctantly agrees.
The problem with this argument is that the spirit of an Act is only relevant insofar as it can affect the construction of substantive requirements of the law concerned, or show how a Minister or other decision-maker ought to exercise his or her discretion.
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