Brexit And The Supreme Court Case Explained


Lawyers have finished their Brexit case submissions to a penal of Supreme Court judges after four days of unprecedented legal and constitutional arguments.

The court has heard from several eminent barristers, including the Attorney General Jeremy wright.

Each has argued for and against the government have a power under royal prerogative to trigger Article 50 negotiations to leave the European Union.

What is the Supreme Court?

The Supreme Court is Britain’s highest court that hears cases already ruled upon from the High Court and Court of Appeal.

The 11 judges hearing the Brexit case are considering how the law is applied rather than deciding whether Brexit is right or wrong.

What is the Brexit case?

The High Court decided that the government could not push the Brexit button without approval of Parliament. The government disagrees and wants to go ahead by invoking an executive power called the royal prerogative.

This power allows the Prime Minister to proceed without putting the measure to a vote in Parliament, argues the Prime Minister.

Why is it so important?

The case examines whether the Prime Minister can make decisions without consulting Parliament.

If Theresa May loses, she should publish her Brexit strategy and wait for MPs and the House of Lords to agree with her plans.

She may feel she is going to lose, which is why she agreed to publish an outline of her strategy for debate in Westminster this week.

Who is involved in the case?

A group of expats and former fund manager Gina Miller brought the case, but the Welsh and Scottish government have also made submissions. All argue against the government.

When will the result be known?

Not until after the New Year. The courts and Parliament will break for the Christmas holidays and return in January.

What happens if the government loses?

Theresa May must rethink her plans and consider what to put before Parliament.

It’s said she is considering a simple 16-word Bill that will go forward without amendment and force a yes or no vote.

If she wins, she may appease MPs with more information about her Brexit objectives.

Why is everyone still arguing about Brexit?

The referendum in June gave a clear result, which May says she is following.

The fight is more a rearguard action by those who do not accept the referendum result and a rift between pro and anti-Europe Tory MPs.

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  1. “It’s said she is considering a simple 16-word Bill that will go forward without amendment and force a yes or no vote.”

    It’s generally accepted that there’s no such thing as a non-amendable bill, however tightly written.

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