UK
government can’t start Brexit without parliament, court told
Theresa
May faces legal challenge arguing that only parliament can trigger
Article 50.
By ALEX SPENCE
10/13/16, 3:11 PM CET Updated 10/13/16, 3:15 PM CET
LONDON — Theresa
May’s government doesn’t have the legal authority to begin the
process of withdrawing Britain from the European Union, a court heard
Thursday.
In a case that
raises fundamental questions about the limits of executive power
under U.K. law, private citizens who oppose Brexit are arguing that
only parliament has the right to trigger Article 50.
A heated debate
about the role of parliament in the Brexit process has raged in the
House of Commons this week, with MPs from various parties arguing
they should have a say. Many are anxious May’s government is
steering Britain toward a “hard” break from the union, which they
believe will harm the economy. Determined to keep control of the
process, May has insisted there won’t be a parliamentary vote
before she triggers Article 50.
The fight is now
before the courts. On Thursday three senior judges began hearing a
legal challenge that could scupper May’s plans, brought by a
handful of citizens who want Britain to stay in the EU, including an
investment manager and a hairdresser.
Opening the case at
the High Court in London, David Pannick, one of Britain’s most
distinguished barristers, told the court parliament conferred “a
whole series of rights, important rights” on British citizens by
passing the European Communities Act, thereby joining the EU, in
1972. And only parliament can take those rights away, by passing new
legislation.
“They cannot be
taken away by an act of the executive,” Pannick said.
Parliament had not
given up its right to make the final decision in this case because
the June 23 referendum was not legally binding, and the legislation
underpinning the vote didn’t specify what would happen in the event
of a vote to leave, Pannick argued.
The government is
adamant it won’t allow any attempt to keep Britain in the EU
“through the back door.” In its defense next week, lead by the
attorney general Jeremy Wright, it will argue it has the right to
trigger Article 50 because it was always government policy to respect
the outcome of the vote.
The case centers on
a fundamental question that has riven British politics for hundreds
of years, whether supreme power lies with the executive (exercising
the monarch’s “royal prerogative”) or parliament.
The hearing is
expected to last until the middle of next week. An appeal is likely
whatever the High Court’s decision.
The case will then
be sent directly to the U.K.’s Supreme Court, leapfrogging the
usual next stage of the appeals process, for a hearing in December.
If it ultimately succeeds, May could lose control of Brexit to MPs
who overwhelmingly opposed leaving the union.
Legal experts said
the Remainers’ challenge was not just a quixotic protest. “I
think they definitely have a chance,” said Maya Lester, a senior
barrister who specializes in public law at Brick Court Chambers.
“There are very serious arguments on both sides.”
Authors:
Alex Spence
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