Government Must Ask Parliament to Trigger Article 50, High Court Rules (Overturning Brexit?)

BREITBART LONDON ^ | 3 Nov 2016 | BREITBART LONDON

[Bratch]

The government must consult parliament before invoking Article 50, the High Court has ruled.

The court ruled that Prime Minister Theresa May does not have the authority to use the Royal Prerogative to invoke the EU divorce process.

The Lord Chief Justice has ruled that the government’s arguments are “contrary to fundamental constitutional principles of the sovereignty of parliament”.

He added: “The court does not accept the argument put forward by the government. There is nothing in the text of the 1972 Act to support it.”

Lord Chief Justice, Lord Thomas, sitting with the Master of the Rolls, Sir Terence Etherton, and Lord Justice Sales, delivered the verdict Thursday morning after a three-day hearing in October.

The Attorney General Jeremy Wright QC had argued the move could be a “backdoor” to overruled the Brexit vote, but did not turn up to court today.

Gina Miller, one of the claimants who brought the article 50 case, said in a statement outside Royal Courts of Justice that the government should accept the ruling.

However, the government has said it will appeal the decision.

A spokesman said: “The Government is disappointed by the decision.

“The country voted to leave the European Union in a referendum approved by Act of Parliament. And the Government is determined to respect the result of the referendum.”

The Supreme Court will likely hear the case on 7 December.

 

[Cheerio]

Prime Minister Theresa May

Doesn't she have a "Pen and Phone"?

[Joe Boucher]

Lawyers everywhere are scum.

[moose07]

Thanks for the ping ,KC.

[Winniesboy]

Parliament did indeed authorise the referendum. What it did not do was the authorise the Government to implement the result of that referendum in whatever way it chose, without further reference back to Parliament. And since one of the core purposes of Brexit is to reassert the sovereignty of the British Parliament over any body, the judgement is reconfirming the people’s will, not contradicting it.