Article 50 and Brexit

04 November 2016

4 November 2016

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. News is also 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).

With thanks to Daniel Barnett’s employment law bulletin which provided these details.

The Institute for Government says that this ruling on Parliamentary approval for Article 50 trigger will “greatly impact” Theresa May’s plans to enact the ‘leave’ mechanism by March 2017, however the Prime Minister is said to be standing firm on this date.