Landmark court ruling a blow to Brexit

In a major blow for Britain’s government, the High Court ruled on Thursday that the prime minister can’t trigger the UK’s exit from the European Union without approval from Parliament.

The government said it would appeal the ruling to the Supreme Court.

Britons voted in June by a margin of 52 to 48 percent to leave the European Union, a process known as Brexit.

Several claimants challenged the plans for Brexit in a case with major constitutional implications, hinging on the balance of power between Parliament and the government.

Prime Minister Theresa May has said she will launch exit negotiations with the EU by March 31.

May wanted to use royal prerogative, historic powers officially held by the queen, to trigger Article 50 of the EU’s treaty, which starts two years of talks before Britain’s departure from the EU. The powers, which have in reality passed to politicians, enable decisions to be made without a vote of Parliament and cover matters as grave as declaring war or as basic as issuing passports.

Historically, royal prerogative has also applied to foreign affairs and the negotiation of treaties.

Claimants argued that leaving the EU would remove rights, including free movement within the bloc, and say that can’t be done without Parliament’s approval.

Three senior judges ruled that Prime Minister Theresa May did not have the right to use her executive power to trigger Article 50 of the EU’s Lisbon treaty, which begins a two-year countdown to leaving the bloc.

“We hold that the Secretary of State does not have power under the Crown’s prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union,” the judgment said.

International Trade Secretary Liam Fox said the government was “disappointed” at the decision on Article 50, adding: “The government is determined to respect the result of the referendum.”

May has accused those bringing the court challenge of seeking to frustrate the process.

Most members of the House of Commons campaigned for Britain to stay in the EU in the June referendum, and there is speculation they could push for a softer break with the bloc or even delay it altogether.

“I am grateful to the court for the result, this is a victory for parliamentary democracy,” one of the claimants in the case, Grahame Pigney, told reporters outside court.

“I now hope everyone will respect the court decision so parliament will now make a decision on relation to the service of the Article 50 notice. The government has indicated that they wish to appeal to the Supreme Court, we would ask them not to do that, but if we do will we take it there and fight this.”

The Supreme Court has set aside time to hear the appeal before the end of the year.

The case is considered the most important constitutional matter in a generation. IOL