In a setback to the UK government's hopes to bypass the parliament and trigger Article 50 of the Lisbon Treaty to kick-start the process of exiting the European Union, the UK Supreme Court ruled on Tuesday that lawmakers must have a say on the matter before formal talks can begin.
The UK Supreme Court dismissed the government's appeal by a majority of 8 to 3.
"The Supreme Court today rules that the government cannot trigger Article 50 without an act of parliament authorizing it to do so," Supreme Court President David Neuberger said.
The UKSC also ruled that the devolved legislatures of Scotland, Wales and the Northern Ireland do not have a veto on the UK's decision to exit the EU.
The pound sterling rose as the news of the ruling came, but gave up the gains shortly afterwards.
The British government had proposed to use its prerogative powers, known as the "royal prerogative", to withdraw from the EU by serving a notice of withdrawing the UK from the EU Treaties.
UK Prime Minister Theresa May announced last week that her country would exit the EU completely, dubbed a "hard Brexit", and set March 31 date to start formal talks that must be concluded in two years. She had also confirmed that the parliament will get a vote on the final "Brexit" deal.
"The British people voted to leave the EU, and the government will deliver on their verdict – triggering Article 50, as planned, by the end of March," a government spokesman said after the court ruling.
"Today's ruling does nothing to change that."
Gina Miller, one of main challengers to the government in the court, said her win was "about the legal process, not politics".
The latest court ruling opens up the "Brexit" process for a vote in the parliament, where a majority of lawmakers wanted to remain in the EU.
Speaking in the parliament on Tuesday after the ruling, Brexit secretary David Davis said the Article 50 legislation will be ready "within days" and lawmakers will get to vote on both the Article 50 process and the final deal.
He also said that one of the reasons for deciding to trigger Article 50 before the end of March was to complete it before the next European parliamentary elections and ahead of polls in France and Germany this year.
Some media reports suggested that the Article 50 process could be put to vote in the parliament as early as next week.
Labour Party Chief Jeremy Corbyn said the latest ruling meant the government was forced to accept the sovereignty of the parliament.
"Labour respects the result of the referendum and the will of the British people and will not frustrate the process for invoking Article 50," he said.
His party will seek to amend the Article 50 Bill to prevent the Conservatives using "Brexit" to turn Britain into a bargain basement tax haven, he added.
"Labour demands a plan from the government, accountability to Parliament throughout negotiations and a meaningful vote on the final deal," Corbyn said.
Meanwhile, Liberal Democrats leader Tim Farron said his party will not vote for Article 50 unless there is a vote of the people are guaranteed a referendum on the final deal.
Some reasons for the judgement presented by the Supreme Court was that under the European Communities Act of 1972, through which the UK became a EU member, the EU law becomes a source of UK law. And as long as the ECA remains in force its effect is to constitute EU law as an independent and overriding source of domestic law, unless the Parliament decides otherwise.
The court also pointed out that 'Brexit' makes a fundamental change to the UK's constitutional arrangements, by cutting off the source of EU law. Such a fundamental change will be the inevitable effect of a notice being served and the UK constitution requires such changes to be effected by Parliamentary legislation.
The fact that withdrawal from the EU would remove some existing domestic rights of UK residents also renders it impermissible for the Government to withdraw from the EU Treaties without prior Parliamentary authority, the court said.
by RTT Staff Writer
For comments and feedback: editorial@rttnews.com
Economic News
What parts of the world are seeing the best (and worst) economic performances lately? Click here to check out our Econ Scorecard and find out! See up-to-the-moment rankings for the best and worst performers in GDP, unemployment rate, inflation and much more.
