Brexit – Court Says Parliament Must Vote

The Divisional Court  has today determined that the Govt cannot push Article 50 through use of the royal perogative and must organise a vote . The Govt has indicated that it will appeal this decision to a specially constituted Supreme Court with hearings likely for December .

President of the Law Society of England and Wales Robert Bourns said: “Article 50 explicitly says that notice of intention to withdraw must be given in line with the relevant member state’s constitutional processes: we therefore welcome the opportunity for constitutional clarity which this case brings.

 

“The ability to have such questions determined by an independent judiciary is central to the rule of law – something which the Law Society of England and Wales strives to promote both within the UK and around the world – and we are fortunate that the independence of our judges is recognised globally.

 

“The question as to whether the decision to trigger Article 50 is one for the government, using the royal prerogative, or for Parliament through statute is central to this court case. Most commentators assumed that this case – whatever the outcome in the High Court – would be appealed to the Supreme Court so today’s ruling is a step along the road to a final decision.”

This is likely to lead to more uncertainty and delay any Article 50 Procedure

You can access the Courts Judgement here : https://www.judiciary.gov.uk/wp-content/uploads/2016/11/judgment-r-miller-v-secretary-of-state-for-exiting-the-eu-20161103.pdf