The High Court in London declared on Thursday that May’s government have not legal authority to begin the Brexit process without parliamentary approval.
The Parliament is the only body empowered to use royal prerogative powers for triggering Article 50 of the Treaty on European Union, i.e. the mechanism for the voluntary and unilateral withdrawal of a country from the European Union.
Yesterday three of the most senior judges began hearing a possible legal challenge that could have serious political and constitutional effects, achieving even British permanence in the EU.
David Pannick, distinguished British barrister, pleaded before the court that “prerogative powers may not be used by the minister to remove rights established by the act of parliament.”
Therefore, only the parliament can take the rights on passing the European Communities Act away through the enactment of new legislation.
The hearing continues until next week and any possible High Court’s decision will be appealed and sent to the Supreme Court, which will begin a hearing in December.