Brexit – UK Government Cannot Serve Article 50 Notice Without Parliament's Approval

CONSTITUTIONAL CHALLENGE

Following the UK vote in favour of Brexit on 23 June 2016, a constitutional challenge was brought to the UK Government's plan to serve notice of the UK's intention to leave the EU, under Article 50 of the Treaty on European Union, without the approval of Parliament.

POSITION OF THE UK GOVERNMENT

In early October 2016, Theresa May emphasised in a speech to the Conservative Party Conference that "...[it] is up to the Government to trigger Article Fifty and the Government alone." She did agree to a debate in Parliament before serving the notice, but did not agree to a vote on either the service of the notice or the Government's intended strategy for the Brexit negotiations which would follow.