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I believe Lady Hale was the first to raise this issue, around the time of SC's decision in the s.50 case; and, in a speech last month said:
There was a time when our constitutional experts debated whether Parliament could take back the sovereignty it had yielded to the EU or whether it was gone forever. That time is long past. Everyone accepts that Parliament can repeal the European Communities Act and that is what it intends to do, in the ‘Great Repeal Bill’ which is due to be introduced next week. The more interesting and difficult question is how it is to be done. We in the courts want the clearest possible guidance from Parliament as to how we should treat EU law after Brexit, but the issues raised are many and complicated.
According to the White Paper on the Great Repeal Bill, the plan is to retain the existing body of EU-derived law in force as it was at the date of Brexit. This includes the jurisprudence of the CJEU. This will apply to situations which arose before that date. That’s fine for cases where the law is acte clair – ie we know what it is. But if it is not acte clair, we shall have lost the power to refer the question to the CJEU, so we shall have to do our best to work it out for ourselves. It would help to know how much weight we should give to CJEU jurisprudence, not only as it existed at the date of Brexit, but also thereafter.

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