LONDON (AP) — In a major blow for Britain’s government, the High Court says the prime minister can’t trigger the U.K.’s exit from the European Union without approval from Parliament.
The government is likely to appeal Thursday’s ruling to the Supreme Court.
Plans for Brexit are being challenged 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. She is relying on a power called the royal prerogative that lets the government withdraw from international treaties.
Claimants argue that leaving he EU will remove rights, including free movement within the bloc, and say that cannot be done without Parliament’s approval.
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There may be hope for Britain yet. I hope so. This may be the only way to halt an awful mistake. The Brexit isn’'t just a bad idea or the UK. It effects thousands of people beyond the British Isles who have no vote to cast or political axe to grind. The peoples of the Commonwealth ought to have been given the right to vote as well. Perhaps now the insanity and xenophobia embodied in this awful “Brexit” notion shall have a stake driven thru its black heart.
From what I have read, I understand the Brexit will still go forward because of the referendum. Parliament may get to approve the terms in which case they can force the PM to accept terms that are similar to the current EU arrangement, just without the “official” member status.
This ruling seems to suggest something different. That the government may not move forward without the approval of Parliment.
It would be delightful if this caused the government to fall.
It’s an interesting question, because Brexit would effectively repeal a bunch of laws passed by Parliament, and it’s not obvious that the Prime Minister has the authority to do that. They have the authority to withdraw from the treaty, but once treaty provisions have been enshrined in national law, abrogating that law without legislation is a bit more complicated.
And the fig leaf that Parliament can vote on the terms of Brexit once the government has negotiated them is (imho reasonably) criticized on the grounds that the approval or disapproval is mostly meaningless: once England announces its intention to leave, the EU charter boots them out in 2 years, regardless of what side agreements about trade etc have or haven’t been made.
Once article 50 is invoked, there is no way back they are out of the EU in two years deal in place or not, Parliamentary approval then is moot.