Article 50 and Brexit – The Government’s Case
Last week, on 6th October 2016, the Government served their skeleton argument in advance of the much awaited hearing before the Divisional Court, beginning on 13th October 2016.
The central issue for the Divisional Court; following the referendum on 23rd June 2016, is whether the Prime Minister can use the Royal Prerogative to give notice to the European Commission under Article 50 of the Lisbon Treaty to exit the European Union; or whether it is a fundamental constitutional requirement for Parliament to first debate whether and how and on what terms notice should be given, followed by primary legislation authorising the giving of such notice and simultaneously repealing the European Communities Act 1972.
At the Conservative Party Conference last week the Prime Minister announced that she would, exercising Royal Prerogative, give notice under Article 50 by the end of March 2017. Her ability to do so, however, will be subject to this Court’s judgment and the Supreme Court on appeal, which is to be heard by the end of this year using the special ‘leap-frog’ procedure.
For any further details or enquiries about either Mr Muman or Mr Green please contact the clerks.