Good commentary on the Article 50 judgement today.
I couldn’t resist a quick comment on today’s ruling by the High Court that the Prime Minister cannot trigger Article 50 of the Lisbon Treaty (and thus begin the process of taking the United Kingdom out of the European Union) without the approval of Parliament. The case was brought by Gina Miller and Deir Tozetti Dos Santos (the claimants) and has important constitutional implications because it limits the use of the Royal Prerogative.
I’m not by any means a legal expert but reading the full judgment it strikes me that this unanimous decision represents a comprehensive defeat for the Government’s lawyers. The crucial paragraphs of the judgment are 92-94 if you wish to refer to them in the full judgment. Interestingly, the ruling does not really rest on the claimants’ case at all but instead is based on a complete rejection of the main point of the Government’s submission. It…
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