The High Court has today rejected Theresa May's statement that the government can use its own prerogative powers to invoke Article 50 without Parliamentary approval.
In the biggest challenge to Brexit yet, the Court found that the government does not have the power to give notice pursuant to Article 50, thereby allowing for the UK's withdrawal from the EU – not under the European Communities Act 1972 (the Act which legislated for the accession of the UK to the European Economic Community), nor under the fundamental constitutional principles of Parliamentary sovereignty.
The Court also stated that under the Referendum Act 2015 – the Act which made provision for the Brexit referendum earlier this year- the referendum was intended to be advisory only, and did not in itself provide for the power to give notice under Article 50.
The government has appealed the judgment, which has been certified as suitable for a 'leapfrog' appeal, and will be heard by the Supreme Court on the 7th December this year. Watch this space.
This is not legal advice; it is intended to provide information of general interest about current legal issues.
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