Commenting on the Brexit Ruling, Jacqueline Kendal said:

The Divisional Court has upheld an application brought against the government, and held that the government does not have prerogative power to invoke Article 50 without a vote by Parliament.

In other words, Parliament needs to vote in favour of doing so before Article 50 is invoked, thereby allowing the UK to leave the EU. Theresa May (or, more probably, the Secretary of State for Exiting the European Union) cannot invoke it without Parliament’s approval. This is going to be very difficult as the majority of MPs believe that remaining in the EU is in the UK’s best interests, although some have indicated that despite their privately held beliefs, they will follow the decision of the referendum. Certainly, putting the matter to a Parliamentary vote will heighten tensions.

This is possibly the most important constitutional case of the century and the Divisional Court has certified the case as suitable for a ‘leapfrog’ appeal straight to the Supreme Court. Technically the Supreme Court still needs to give permission but there is little doubt over whether they will give it.

Author: Dylan Jones

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