The High Court will rule on 3 November on a court claim in which it is being asked to rule that the government cannot trigger Article 50 without parliamentary approval.
The Lord Chief Justice, Lord Thomas; the Master of the Rolls, Sir Terence Etherton; and Lord Justice Sales will give their decision tomorrow morning following a three-day hearing last month. The case is one which the attorney general, James Eadie QC, told them had “profound” constitutional and political implications.
Tomorrow’s decision is unlikely to be the end of the matter, as whichever side loses is expected to pursue an appeal. Because of the importance of the case, any appeal will be heard by the Supreme Court, and it is anticipated that it will do so before the end of the year.
Fund manager Gina Miller and other claimants, including a Spanish hairdresser and a group of concerned expatriates, hope the court will grant a declaration that only parliament has the power to implement Brexit, as to do so would have a direct effect on domestic UK law.
However, the attorney general denied that parliamentary sovereignty would be pre-empted by the government’s “proper and well established use of the royal prerogative” to trigger Article 50, and that beginning the process of Brexit would not in and of itself change any common law or statutory right enjoyed by UK citizens.
Arguing instead that it would “give effect to the will of the people”, he said: “It is our case that parliament’s consent is not required.”
Article 50 of the Treaty on European Union sets out the procedure by which a member state which has decided to withdraw from the EU achieves that result. The government intends to give notification under Article 50 and to conduct the subsequent negotiations, in exercise of prerogative powers to conclude and withdraw from international treaties.
The Queen on the application of Santos v Secretary Of State For Exiting The European Union; The Queen on the application of Miller v Secretary Of State For Exiting The European Union High Court (Thomas LCJ, Etherton MR, Sales LJ)
