How can I watch the Supreme Court Article 50 Brexit appeal?
MPs are unlikely to try and block Brexit, but many are keen to have a say in what form it takes, and the kind of ties the United Kingdom would have with Europe afterwards.
Centring his arguments around the use of the royal prerogative by the government, Mr. Wright argued that this was not an “ancient” relic but a “modern necessity” and had been exercised by the government frequently particularly in the foreign policy arena when it came to the making and unmaking treaties.
The hearing started on Monday and will continue today.
Neuberger and 10 other justices at the country’s top court must decide whether Prime Minister Theresa May’s government can invoke Article 50 of the EU’s key treaty, the trigger for two years of divorce talks, without approval from lawmakers. It is nearly the most divisive political event that has happened over the last several decades. The Court has not yet announced a date but typically announces decisions on a Wednesday.
The chief legal adviser to the Northern Ireland Executive said there is no provision in Northern Ireland legislation that “purports to limit, or has the effect of limiting, the powers of the UK Government in global affairs”.
“The ultimate question in this case concerns the process by which that result can lawfully be brought into effect”, Neuberger concluded.
Meanwhile, opposition Labour Party lawmakers forced a Wednesday debate in Britain’s House of Commons on a resolution that calls for the government to publish its plan for leaving the European Union before it triggers Article 50.
Wolffe argued that Brexit would impact on devolved matters, and that meant the London parliament should be involved.
The court was told: “The prerogative can not be used to remove rights and duties created by Parliament”.
Commentators say that what is really on trial in the hearing is democracy and the authority of the government.
Prime Minister Theresa May has promised to give notice of the UK’s departure from the European Union under Article 50 of the Lisbon Treaty by the end of March – a timetable that was backed by MPs in a Commons vote on Wednesday night. Gene Miller, the lead claimant in the case said she’d received death threats.
However, he also revealed the Government would submit a short bill – “a one-line act” – to Parliament to seek MPs’ approval to begin the process of Britain’s exit from the European Union were it to lose the case.
The hearing concludes on Thursday and judgment is expected in the new year.
Earlier James Eadie QC, for the Government, rejected the suggestion that its Brexit strategy was an “affront” to Parliamentary sovereignty.
The High Court agreed with this view but the Government is claiming that it can start the Article 50 process because ministers retain prerogative powers – the remnant of the executive powers once enjoyed by the monarch.
“Several” Labour MPs will vote against triggering Article 50, says the BBC, while the Lib Dems will oppose Brexit unless they are promised a second referendum on the terms of withdrawal.