Theresa May must get go-ahead from parliament before activating Brexit

Campaigners have won their High Court battle over Theresa May’s decision to use the royal prerogative in her Brexit strategy.

The government has said it will appeal the decision at the Supreme Court, which is likely to take part in December.
The pound rose by one per cent immediately after the court’s decision was announced.

In one of the most important constitutional cases in generations, three senior judges ruled the Prime Minister does not have power to use the prerogative to trigger Article 50 of the Lisbon Treaty to start the UK’s exit from the European Union – without the prior authority of Parliament.

The ruling against the Government was made by Lord Chief Justice Lord Thomas, sitting with two other senior judges in London.

Fair enough #brexit pic.twitter.com/6w1KkkfpH7

— James Longman (@JamesAALongman) 3 ноября 2016 г.

Government lawyers said prerogative powers are a legitimate way to give effect ‘to the will of the people’ who voted by a clear majority to opt for Brexit in the June EU referendum.

Mrs May announced at the Conservative Party conference that she intends giving an Article 50 notification by the end of March 2017.

Unless overturned on appeal at the Supreme Court, the ruling threatens to plunge the Government’s plans for Brexit into disarray as the process will have to be subject to full parliamentary control.

Government lawyers had argued that prerogative powers were a legitimate way to give effect ‘to the will of the people’ who voted by a clear majority to leave the European Union in the June referendum.

But the Lord Chief Justice declared: ‘The Government does not have power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union.’

The Government has been given the go-ahead to appeal against the ruling at the Supreme Court but made no immediate announcement about whether it will.