According to ‘The Times’, the British Government “must seek parliament’s approval to trigger the process of taking Britain out of the European Union, the High Court has ruled. In one of the most important constitutional cases in generations, three senior judges ruled that Theresa May did not have power to trigger Article 50 of the Lisbon Treaty to start the two-year process of negotiating Brexit without the prior authority of Parliament”.
Within minutes of the decisive ruling by the Lord Chief Justice and two other judges, a speaker from the government said that the prime minister would appeal the court’s judgement to the Supreme Court.
In any case the Country is divided again between leave and stay and the struggle will be long. In my opinion British Government has the right to activate the art. 50, of course, but a legislative passage, an act of parliament, is necessary. For this reason, I consider right and legitimate the ruling of the High Court. One of the fundamental rule of the constitution of the UK is that the Parliament is sovereign and the Government cannot by exercise of prerogative powers override legislation enacted by Parliament. This means the government cannot trigger Article 50 of the Lisbon Treaty – beginning formal exit negotiations with the EU – on its own, and Parliament must vote on whether the UK can start the process of leaving the EU.
Gianluigi Cassandra – REL in Manchester
On attachment the judgement of the High Court in full.