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ARTICLE · 10 NOVEMBER 2016

Brexit Update: British High Court Decision On Article 50 Released

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This morning, the British High Court issued its historic decision in R (Miller) v Secretary of State for Exiting the European Union, the Brexit Article 50 case.

CanadaGovernment, Public Sector
Peter Lukasiewicz
Peter Lukasiewicz
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Summary

This morning, the British High Court issued its historic decision in R (Miller) v Secretary of State for Exiting the European Union, the Brexit Article 50 case.

The Court found against the government and ruled that Prime Minister May does not have the power to unilaterally trigger Article 50 of the Lisbon Treaty to start the United Kingdom's exit from the European Union, but rather must first secure Parliament's approval to do so. The decision is a significant defeat for the government. The government has announced it will appeal the decision to the Supreme Court.

Here is the full text of the official summary of the High Court judgment (PDF).

Background

The case concerns the politically charged question of which branch of the U.K. government has the power to formally start the process of taking the U.K. out of the EU: the executive or Parliament.

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