British Supreme Court rules only Parliament can trigger Brexit
By
Robert Stevens
25 January 2017
Britain’s Supreme Court ruled Tuesday that Parliament must agree to begin the process of exiting the European Union.
The decision followed an appeal to the Supreme Court by the government of Prime Minister Theresa May challenging a November High Court decision. The High Court had likewise ruled that only Parliament has the right to invoke Article 50 of the EU’s Lisbon Treaty, under which a member state can begin the process of exiting the EU.
A pro-EU group of claimants led by Gina Miller, a London-based investment manager, brought the legal challenge at the High Court. Miller won the support of all three High Court judges, who submitted that when the UK passed the 1972 European Communities Act paving the way for Britain to join the EU’s predecessor organization, rights were conferred on citizens via that act of Parliament. Therefore, it was not within the powers of Royal Prerogative—enacted by a government minister, as proposed by May—to take away those rights.
The Supreme Court dismissed the government’s appeal by an 8-3 majority. Reading out a statement, Lord Neuberger, the Supreme Court president, said that because of the UK leaving the EU and ceasing to be party to EU treaties, UK domestic law will change and the rights of UK residents will be affected. “Therefore,” the statement declared, “the government cannot trigger Article 50 without Parliament authorising that course.”
The statement concluded, “The Supreme Court holds that an act of Parliament is required to authorise ministers to give notice of the decision of the UK to withdraw from the European Union.”
The ruling was widely anticipated. In response, the government stated that it…