The Supreme Court will announce at 09:30 GMT, how the EU’s Article 50 exit clause is to be triggered. The outcome of the Supreme Court case, heard by all 11 justices over four days in December, will not overturn the referendum result but determine which course towards leaving the EU is lawful.
Gina Miller and London hairdresser Deir Dos Santos jointly challenged the government’s presumption that it had the right to trigger “Article 50”, the exit clause in the treaty that makes the UK a member of the European Union. They argue, instead, that it is for Parliament to say what happens following the Brexit referendum vote.
The Government argued the following:
- Ministers negotiated the treaty that led to joining the then EEC in 1972
- They have the power to withdraw from that treaty – not least because the outcome of the referendum instructed them to do so
- If Parliament had intended ministers to not have the power to do so, they would have legislated to take it away
The case against the Government, included:
- The 2015 Referendum Act didn’t give ministers power to trigger Article 50. They have no power at all to change the constitution
- Government has failed to demonstrate that Parliament expressly handed over power to ministers during the 1972 act. Just because Parliament has been silent on the issue doesn’t mean ministers are in control
- Over 40 years, myriad rights and laws have been created by EU membership. Only an act of Parliament can take them away