The Supreme Court will hear the government’s appeal against its decision last month on how Brexit must be triggered.
In November the it was found that government ministers could not trigger Article 50 without the consent of Parliament, after Theresa May set March 2017 as the date for Britain’s exit from the EU. The decision sparked anger from Leave voters, with some newspapers implying that establishment judges wanted to cause unnecessary delays to the Brexit process.
The president of the Supreme Court said on Monday that the case was a matter of law and not politics.
“We are aware of the strong feelings associated with the many wider political questions surrounding the United Kingdom’s departure from the European Union,” David Neuberger said.
“However those wider political questions are not the subject of this appeal… This appeal is concerned with legal issues and, as judges, our duty is to consider those issues impartially, and to decide the case according to the law. This is what we shall do.”
The case was originally brought by investment fund manager Gina Miller and hairdresser Deir Tozetti Dos Santos. In the weeks since the initial decision, Miller has received numerous death threats, abuse and hate mail.
The decision will consider whether the government can use the “royal prerogative”, an old-fashioned power, deriving from the powers of royalty and rarely used by today’s governments, to invoke Article 50 without Parliament’s agreement.
The government’s appeal begins today and is expected to last four days, with a verdict due in January. The decision will not decide whether or not Brexit takes place, but will likely extend the process and push back Theresa May’s initial plan for implementation.