UK Govt Loses Brexit Case At Supreme Court

Campaigner Gina Miller reads a statement outside the Supreme Court in London on Tuesday © Bloomberg

Judges rule by 8 to 3 that parliament must be consulted before EU exit can start. The UK’s highest court dealt a blow to Theresa May on Tuesday by ruling the government must hold a parliamentary vote before triggering the EU exit process.

In one of most important constitutional cases of modern times, the Supreme Court ruled by a majority of 8 to 3 that the prime minister cannot use royal prerogative to trigger Article 50 and start the UK’s two-year exit from the EU. Instead, she must hold a vote of MPs and peers to begin the process by the end of March. Lord Neuberger, president of the Supreme Court, giving the court’s ruling said UK domestic law will change as a result of the UK ceasing to be party to the EU treaties and so rights of UK residents would be affected. “Therefore, when the UK withdraws from the EU treaties a source of UK law will be cut off. Therefore the government cannot trigger Article 50 without Parliament authorising that course,” he said. However, three of the 11 justices — Lord Reed, Lord Carnwath and Lord Hughes — disagreed. Lord Neuberger also ruled that on devolution issues, UK ministers are not legally compelled to consult the devolved governments before triggering Article 50.