The U.K High Court has ruled that the Government does not have power to trigger Article 50 without parliamentary approval and a vote from MPs.
Campaigners have won their battle over Theresa May’s decision to use the royal prerogative in her Brexit strategy to start the process of leaving the European Union.
The government have said they will appeal the decision in the Supreme Court. A spokesperson confirmed: “We will appeal this judgment.”
The Lord Chief Justice has ruled that the government’s arguments are “contrary to fundamental constitutional principles of the sovereignty of parliament”.
Adding: “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.”
Gina Miller, the anti-Brexit campaigner who is leading the campaign against the government, has been accused by the Attorney General of attempting to subvert the democratic will of the British people.
Theresa May announced last month that she intends to trigger Article 50 by the end of March next year.
Following a three-day hearing in October the Lord Chief Justice, Lord Thomas – sitting with the Master of the Rolls, Sir Terence Etherton, and Lord Justice Sales – gave their ruling this morning in this historic case.
Jeremy Wright QC, the Attorney General, said a legal move launched by Ms Miller to stop the Prime Minister triggering Article 50 would be a “backdoor” attempt to bypass the Brexit vote.
But he did not turn up in Court this morning to hear the ruling.
This article is for general information purposes only. It is not investment advice or a solution to buy or sell securities. Opinions are the authors; not necessarily that of OANDA Corporation or any of its affiliates, subsidiaries, officers or directors. Leveraged trading is high risk and not suitable for all. You could lose all of your deposited funds.