Brexit: Government Must Vote on Article 50

This means that Government alone cannot decide to begin formal discussions regarding leaving the European Union.

Government has appealed the decision, and a further hearing will be held at the Supreme Court. This is expected to take place in early December.

Prime Minister Theresa May has stated that she will activate Article 50 by the end March 2017, triggering talks which are due to last two years.

Lord Thomas of Cwmgiedd, Lord Justice, Sir Terence Etherton, the Master of the Rolls and Lord Justice Sales stated in the official summary of the high court judgement, “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. In the judgment of the Court the argument is contrary both to the language used by Parliament in the 1972 Act and to the fundamental constitutional principles of the sovereignty of Parliament and the absence of any entitlement on the part of the Crown to change domestic law by the exercise of its prerogative powers. The Court expressly accepts the principal argument of the claimants.

“For the reasons set out in the judgment, we decide that 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.”

A government spokesperson told the BBC, “The country voted to leave the European Union in a referendum approved by Act of Parliament. And the government is determined to respect the result of the referendum. We will appeal this judgment.”

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