Judgment has been rendered this morning in the proceedings for judicial review by the High Court of Justice in London composed of The Lord Chief Justice, The Master of the Rolls and Lord Justice Sales. The Court has declared that, under UK constitutional laws, the Government cannot lawfully use prerogative powers to give notification to the EU under art. 50 of the Lisbon Treaty but it is a matter for Parliament. As a matter of constitutional law only Parliament has the power to invoke art. 50.
The High Court also granted the Government permission to appeal against the ruling. The matter has been “leapfrogged” to the Supreme Court for a final decision. The Supreme Court had set aside four days at the beginning of December to hear the matter.
Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled. This means the government cannot trigger Article 50 of the Lisbon Treaty - beginning formal discussions with the EU - on its own. Theresa May says the Brexit referendum and ministerial powers mean MPs do not need to vote, but campaigners argue this is unconstitutional. The government is expected to appeal. The prime minister has said she will activate Article 50, formally notifying the EU of the UK's intention to leave, by the end of next March. This follows the UK's decision to back Brexit in June's referendum by a margin of 51.9% to 48.1%. .