News and Events

Article 50 and Brexit

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The Divisional Court has upheld an application brought against the government, and held that the government does not have prerogative power to invoke Article 50 without a vote by Parliament.

In other words, Parliament needs to vote in favour of doing so before Article 50 is invoked.  Theresa May (or, more probably, the Secretary of State for Exiting the European Union) cannot invoke it without Parliament's approval.

This is possibly the most important constitutional case of the century.  And as I type this, news is breaking that the Divisional Court has certified the case as suitable for a 'leapfrog' appeal straight to the Supreme Court (although the Supreme Court still needs to give permission - but that is doubtless just a formality).

See the judgment here.

Daniel Barnett