Brexit Judicial Review – Update after Day 1
Can the UK Government trigger Article 50 to leave the EU?
The Brexit Judicial Review, raising the most significant question in the history of the UK’s constitution, started on 13th October 2016.
The Court heard submissions from the representatives of the Claimants, asserting that the Government does not have the power to set the UK on course to leave the EU, by invoking Article 50 of the Lisbon Treaty, without first enacting legislation to do so.
The Government’s decision to invoke Article 50 by the end of March 2017 results in the automatic withdrawal from the EU by March 2019 at the latest. That decision results in the automatic withdrawal of rights of citizens in the UK – rights which were enacted by legislation. It was submitted on behalf of the Claimants that rights enacted by legislation cannot be removed without subsequent primary legislation and that the Government is therefore over-stepping their powers by proposing to invoke Article 50.
The case is to be heard over three days and will continue on 17th October 2016, when submissions will be made on behalf of the Interested Parties represented by Bhatia Best Ltd through Manjit Gill QC from No 5 Chambers, on the effects of invoking Article 50 without an Act of Parliament and the resultant loss suffered by different classes of people residing in the UK.
Further updates on the case to follow.
If you would like further information about this case then please do not hesitate to contact Stuart Luke or Martin Bridger in our Public Law Team on 0115 9503231 (option 4).