CAMPAIGNERS have won their High Court battle over Theresa May’s decision to use the royal prerogative in her Brexit strategy.
In one of the most important constitutional cases in generations, three senior judges ruled the Prime Minister does not have power to use the prerogative to trigger Article 50 of the Lisbon Treaty to start the UK’s exit from the European Union – without the prior authority of Parliament.
The ruling against the Government was made by Lord Chief Justice Lord Thomas, sitting with two other senior judges in London.
The Government has been given the go-ahead to appeal against the ruling at the Supreme Court.
What’s next in the Brexit process as court rules against the Government – click here to read more
Unless overturned on appeal, the ruling threatens toplunge the Government’s plans for Brexit into disarray as the process will haveto be subject to full parliamentary control.
Government lawyers had argued that prerogative powers were a legitimate way to give effect “to the will of the people” who voted by a clear majority to leave the European Union in the June referendum.
But the Lord Chief Justice declared: “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.”
The Government has been given the go-ahead to appeal against the ruling at the Supreme Court but made no immediate announcement about whether it will.
International Trade Secretary Liam Fox said the Government is “disappointed”at the High Court decision on Article 50 adding “the Government is determined to respect the result of the referendum”.
Scotland’s First Minister Nicola Sturgeon, who is lobbying to keep Britain in the European single market and against a so-called “hard Brexit”, described the result as “significant indeed”.
Interim Ukip leader Nigel Farage said he was worried that politicians were attempting to block or delay Brexit and warned that such a move would provoke huge public anger.
“I worry that a betrayal may be near at hand,” he said. “Last night at the Spectator Parliamentary Awards I had a distinct feeling that our political class, who were out in force, do not accept the 23rd of June referendum result.”
“I now fear that every attempt will be made to block or delay the triggering of Article 50. If this is so, they have no idea of the level of public anger they will provoke.”
Article 50 ruling: What is the royal prerogative? – click here to read more
Liberal Democrat leader Tim Farron urged the Government to now set out its negotiating strategy to Parliament before triggering Article 50, which Mrs May has promised to do before the end of March.
The PM has insisted that she cannot reveal her hand before beginning negotiations.
But Mr Farron said: “It is disappointing that this Government was so intent on undermining parliamentary sovereignty and democratic process that they forced this decision to be made in the court, but I welcome the news today that MPs will get to vote on the triggering of Article 50.
“Given the strict two-year timetable of exiting the EU once Article 50 is triggered, it is critical that the Government now lay out their negotiating strategy to Parliament, before such a vote is held.
“So far May’s team have been all over the place when it comes to prioritising what is best for Britain, and it’s time they pull their socks up and start taking this seriously.
“Ultimately, the British people voted for a departure but not for a destination, which is why what really matters is allowing them to vote again on the final deal, giving them the chance to say no to an irresponsible hard Brexit that risks our economy and our jobs.”
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