Source: News Bharati English03 Nov 2016 16:59:58
London, November 3: Putting a blockage to the decision of Brexit by a referendum of the British citizen, the top us court on Thursday announced that the government cannot execute decsion to leave the European Union without the voting of law makers. Court ruled out the the lawmakers of the UK parliament must vote on the decsion of leave the organisation binding the European nation together.
The Supreme Court is on standby to give an expedited hearing before a full bench of 11 judges early next month. The case—brought by a group of British citizens with the help of some of the U.K.’s top constitutional lawyers—is a major complication for Mrs.
May, who has said she plans to invoke Article 50 by the end of March. May has taken a hard line on the terms she would seek in talks, suggesting she would prioritize the right to curb immigration over access to the EU’s tariff-free single market.
The process of exiting the EU will be invoking Article 50 of the Lisbon Treaty, which would set a two-year deadline for the conclusion of talks to define Britain’s relationship with the European Union after it leaves.
Summary r Miller v Secretary of State for Exiting the Eu 20161103 by NewsBharati on Scribd
Prime Minister Theresa May believes she has the right to move ahead without parliamentary approval by using royal prerogative powers that, in modern times, are exercised by the government in the name of the monarch. Both the government and its legal challengers say that invoking Article 50, which Mrs. May has promised to do by the end of March, is an irrevocable step on the road to a British withdrawal, commonly known as Brexit.
The Court observed that once a notice is given to EU under the article 50, some rights under EU law as incorporated into domestic law by the 1972 act would inevitably be lost once the Article 50 withdrawal process is completed.
The court argued that the most fundamental rule of the UK's constitution is that parliament is sovereign and can make and unmake any law it chooses. The Court ruled that the parliament must be taken to effect a withdrawal from the community treaties and thereby intended that the lawmakers should have the power to choose whether EU law should continue to have effect in the domestic law of UK or not.