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EDITOR-IN-CHIEF Paulo Coutinho
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Home›World›Britain Court: Gov’t can’t trigger EU exit without Parliament

Britain Court: Gov’t can’t trigger EU exit without Parliament

By -
Friday, November 4, 2016
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Britain’s Prime Minister Theresa May leaves Downing Street to attend the weekly Prime Ministers’ Questions session, in parliament in London

Britain’s Prime Minister Theresa May leaves Downing Street to attend the weekly Prime Ministers’ Questions session, in parliament in London

Britain’s High Court brought government plans for leaving the European Union screeching to a halt yesterday, ruling that the prime minister can’t trigger the U.K.’s exit from the bloc without approval from Parliament.
The government said it would go to the Supreme Court to challenge the ruling, which has major constitutional as well as practical implications.
The pound, which has lost about a fifth of its value since the June decision to leave, shot up on the verdict, rising 1.1 percent to USD1.2430.
Britons voted by a margin of 52 to 48 percent to leave the EU, a process known as “Brexit.” Several claimants challenged the plans for Brexit in a case hinging on the balance of power between Parliament and the government.
Prime Minister Theresa May has said she will launch exit negotiations with the EU by March 31. She is relying on a power called the royal prerogative that lets the government withdraw from international treaties.
Claimants argue that leaving the EU will remove rights, including free movement within the bloc, and say that can’t be done without Parliament’s approval.
Three senior judges ruled that “the government does not have the power under the Crown’s prerogative” to trigger the official exit process.
The British government immediately said it would appeal the judgment. The government said in a statement that Britons voted to leave the bloc in a referendum approved by an Act of Parliament, “and the government is determined to respect the result of the referendum.”
The Supreme Court has set aside time to hear the appeal before the end of the year.
The case is considered the most important constitutional matter in a generation.
Underscoring the importance of the case, May put Attorney General Jeremy Wright in charge of the legal team fighting the claim. Wright argued that the lawsuit was an attempt to put a legal obstacle in the way of enacting the result of the EU referendum.
May wants to use royal prerogative, historic powers officially held by the monarch, to trigger Article 50 of the EU’s treaty, which starts two years of talks before Britain’s departure from the EU. The powers, which have in reality passed to politicians, enable decisions to be made without a vote of Parliament and cover matters as grave as declaring war or as basic as issuing passports.
Historically, royal prerogative has also applied to foreign affairs and the negotiation of treaties.
Financial entrepreneur Gina Miller, a lead claimant in the case, who backed the loosing “Bremain” side, said the result “is about all of us […] It’s about our United Kingdom and all our futures.”
Still, the pound’s rise signaled that the ruling boosted the hopes of the financial sector, which is largely opposed to Brexit.
The ruling angered pro-Brexit campaigners, who fear politicians might try to block or delay Britain’s EU exit. U.K. Independence Party leader Nigel Farage, who helped lead the campaign against the EU, tweeted: “I worry that a betrayal may be near at hand.” Danica Kirka & Jill Lawless, London, AP

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Tuesday, November 10, 2026 – edition no. 5071
Tuesday, November 10, 2026 – edition no. 5071

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