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ARTICLE · 01 FEBRUARY 2017

Brexit Update: U.K. Supreme Court Issues Judgment On Article 50 Process

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This morning, the Supreme Court of the United Kingdom released its judgment in Miller and Dos Santos v Secretary of State for Exiting the European Union...

GlobalGovernment, Public Sector
Peter Lukasiewicz
Peter Lukasiewicz
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This morning, the Supreme Court of the United Kingdom released its judgment in Miller and Dos Santos v Secretary of State for Exiting the European Union — the Brexit Article 50 case. The U.K. government was appealing its November 2016 loss in the High Court.

In a majority decision, eight of the Supreme Court's 11 judges dismissed the government's appeal and upheld the High Court's decision that Prime Minister Theresa May and her government do not have the power to invoke Article 50 of the Lisbon Treaty, which would begin the process of the U.K.'s exit from the European Union.

The Court confirmed that Parliament's authorization is required before Brexit can be triggered. The judges were unanimous in finding that the government does not have to seek the consent of the devolved legislatures in Scotland, Wales and Northern Ireland to the legislation that will now need to be passed to give effect to Brexit.

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