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ARTICLE · 01 FEBRUARY 2017

Bre(xit)aking News

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The Supreme Court of the United Kingdom by a majority of 8 to 3 has today confirmed that triggering the exit procedure from the European Union requires an Act of Parliament.

United KingdomGovernment, Public Sector
Oliver Heinisch
Oliver Heinisch
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The Supreme Court of the United Kingdom by a majority of 8 to 3 has today confirmed that triggering the exit procedure from the European Union requires an Act of Parliament.

As such the Supreme Court disagreed with the current UK Government which had argued that Government ministers could rely on their prerogative powers to trigger Article 50 of the Treaty on the European Union without prior authorisation by Parliament. Scottish Parliament, Welsh and Northern Ireland assemblies had argued that they too should be consulted. The judges did not agree with that view.

This is a big blow for the current Government. The judges held that triggering Article 50 will bring fundamental change to the UK's constitutional arrangements by cutting off the source of EU law and by removing existing domestic rights of UK residents. As to the Brexit referendum, the Supreme Court confirms its political significance, however, notes that the statute authorising the Referendum was mute as

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