Judges of Britain’s top court have decided that Prime Minister Theresa May does not have the power to trigger Article 50 of the Lisbon Treaty to uncouple the UK from the European Union.
The historic decision underscores the sovereignty of Parliament and curbs the power of ministers to act without the support of MPs.
The case was brought after May refused to consult Parliament on her intention to invoke Article 50 by the end of March.
Now, the government intends to put a bill before Parliament within days asking MPs and the Lords for permission to proceed.
Some have read the ruling means the Prime Minister must consult with Parliament on her plans for negotiating Brexit, but the ruling merely supports the constitutional right of Parliament to make laws.
Opposition evaporates
The judges were not asked to make any political decision about Brexit and pointed this out on the first day of the hearings in December 2016.
Supreme Court President Lord Neuberger said: “By a majority of eight to three, the Supreme Court rules that the government cannot trigger Article 50 without an act of Parliament authorising it to do so.”
“Withdrawal effects a fundamental change by cutting off the source of EU law, as well as changing legal rights.
“The UK’s constitutional arrangements require such changes to be clearly authorised by Parliament.”
The Article 50 ruling has dealt government plans a blow, but opposition against May’s intention to quit the EU has broad support within both Houses and political opposition has evaporated as rivals do not want to be seen as going against the referendum vote.
Regional assemblies sidelined
“The government will comply with the judgment of the court and do all that is necessary to implement it,” said a No 10 Downing Street spokesman.
The ruling has sidelined regional assemblies in Wales and Scotland to be more involved in the Brexit negotiations.
The judges announced that Westminster does not need the approval of either assembly to proceed with Brexit.
“The devolution acts were passed by Parliament on the assumption that the UK would be a member of the EU, but they do not require the UK to remain a member. Relations with the EU and other foreign affairs matters are reserved for UK Government and Parliament, not to the devolved institutions,” said the ruling.
