The Supreme Court has voted against the Government’s Brexit appeal, in what represents a landmark legal decision and a major blow to the Prime Minister.
The Court ruled today that it dismisses the Government’s claim to be able to commence Brexit negotiations, without the prior consent of Parliament. The ruling was reached by a margin of eight justices to three, deeming the move to be an “unlawful” interpretation of the British constitutional “royal prerogative powers”.
Whilst the British constitution less rigid than others due to its un-codified nature, the royal prerogative is recognised as the right of the sovereign to act above the law on their own initiative. However, formally the power has been exercised by the Prime Minister in the name of Her Majesty’s government.
Many have applauded the decision for upholding the sovereignty of Parliament, dismissing the Government’s claims and ruling that Brexit negotiations were “entirely a matter of Parliament”. The decision proves a triumph for parliamentary democracy, given the fact that Theresa May’s government is unelected and has a limited formal mandate beyond the June referendum result.
The appeal was brought to the court following Government opposition to its decision regarding on how Brexit must be proceeded, last November. Various supporters of Brexit have been highly critical of the court’s interference thus far, however the court has insisted that the matter is ultimately “concerned with legal issues”.
How has the Government reacted?
Attorney General Jeremy Wright has confirmed that the government would respect the decision and “comply with the judgement of the court and do all that is necessary to implement it”.
Prime Minister May has yet to give a formal statement on the issue, but Brexit Secretary David Davis is set to issue his formal remarks later today.
Will this affect the proposed Brexit timeline?
It remains unclear whether the decision will significantly impact the course of Brexit negotiations or when a parliamentary debate will go ahead. Brexit remains a complicated and unprecedented event in its constitutional and political history, and thus how Brexit will proceed remains to be seen. Amid initial concerns that the government was overwhelmed by the process, Theresa May has since clarified her objectives for negotiations in Brussels.
However, given the Conservative majority in Parliament, it is unlikely that any Brexit bill will be defeated in the Commons. Whilst some opposition from other party MPs may be anticipated, it is improbable that many would be willing to go against the referendum result and vote against triggering Article 50.