Government cannot trigger Brexit without MPs' backing, court told [View all]
Source: The Guardian
The government does not have legal authority to use royal prerogative powers to trigger Brexit without parliamentary approval, the high court has been told. In opening arguments over who should initiate the UK’s departure from the EU, Lord Pannick QC, who represents the lead challenger in the claim, Gina Miller, said formal notification by ministers alone would undermine parliament and “deprive people of their statutory rights”.
Three of the most senior judges – the lord chief justice, Lord Thomas of Cwmgiedd, the master of the rolls, Sir Terence Etherton, and Lord Justice Sales – are hearing the challenge, which could have far-reaching political and constitutional effects. At issue is who has the power to give the EU formal notification of the UK’s intention to leave under article 50 of the treaty on European Union.
“Notification,” Pannick said, “is pulling the trigger and once pulled the bullet hits the target. It inevitably leads to the consequence that the [European Communities Act 1972] ceases to apply.
“This is not simply action on the international plane … It leads to the removal of a whole series of important rights whatever parliament may think about it later.” He added: “Prerogative powers may not be used by the minister [David Davis, the Brexit secretary] to remove rights established by the act of parliament.”
Read more: https://www.theguardian.com/politics/2016/oct/13/government-cannot-trigger-brexit-without-mps-backing-court-told-article-50
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