The UK government must consult parliament before it is able to proceed with formal negotiations over its withdrawal from the European Union, the High Court has ruled this morning.
The ruling, brought about by a group of individuals, who challenged the legal right of the UK government, as reported, to take the formal steps to invoke Article 50 of the Libson treaty, is likely to continue the aggravated political uncertainty surrounding ‘Brexit’. The ruling could also potentially breath new life into the debate as to whether the UK’s landmark vote to leave could be delayed further or even overturned.
The invoking of Article 50 would trigger a two-year deadline for the conclusion of talks to agree Britain’s future relationship with the EU following a ‘Brexit’.
But the court ruling has stated that that without UK parliamentary consultation and approval the government may not now be able to move ahead with a ‘hard’ Brexit, preferred by UK prime minister Theresa May, pictured above.
‘Blow to UK PM’
The ruling is likely to be seen as a blow to UK PM May, who believes that she has the right to move ahead without parliamentary approval by using royal prerogative powers, that in modern times are usually exercised by the gorvernment, rather than the monarch.
The decision by the High Court could be appealed or referred to the European Court of Justice.
The most high profile face of the individuals that took on the UK government’s right to invoke Article 50, is Gina Miller, a London-based investment manager for the firm SCM Private, which she co-founded in 2014.
Miller, who was born in Guyana but grew up in Britain, is the lead claimant in a diverse group of individuals, that includes Deir Dos Santos, a hairdresser, that has successfully brought the historic legal action against the UK PM.
Miller has been fighting her case with several other applicants, including the so-called “People’s Challenge” which has the backing of thousands of supporters, through on online campaign.