Sunday, 23 October 2016

Business Insider: The legal case against enacting Brexit without parliament's permission is much stronger than we thought

Business Insider: The legal case against enacting Brexit without parliament's permission is much stronger than we thought

by Adam Payne

Lord Pannick QC, who was representing lead claimant Gina Miller, who BI interviewed in August, argued strongly that triggering Article 50 will mean statutory rights enjoyed by Brits as EU citizens — like the right to vote to in EU elections and refer a legal dispute to the European Court of Justice — will be destroyed in an instant.

The government, Pannick added, cannot use prerogative power to do this. He said UK law demands MPs to give Theresa May their permission before the prime minister triggers Article 50.

"There is no dispute, that once notification is given, there is a direct causal link between notification and the removal of statutory rights," Pannick said.

"The consequence of notification is to destroy rights and take the preservation of rights out of parliament's hands. This cannot be done. By the time parliament comes to look at the matter, the dye will already be set."

This is going to be one of the most politically significant court cases in British history.

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