The government has lost the appeal
in the Supreme Court relating to the triggering of Article 50 to
start the Brexit process. Whilst this is a set-back to
Theresa May's timetable for severing British relations with
Europe, it is not entirely unexpected. Eight of the 11
justices felt that it would be unlawful for the government to rely
on the powers known as royal prerogative to press ahead with
Brexit. Theresa May will have to seek permission from both
houses of Parliament as it was held that "it was entirely a
matter for Parliament".
The key points
for the ruling are that whilst the 1972 Act, which took Britain
into the EU thereby creating the process which caused EU law to be
the source of UK law, remains in force it means that EU law is the
"independent and overriding" source of the UK's legal
system. Since the 1972 Act does remain in force until such
time as Parliament decides otherwise, an exit from the EU would
make a fundamental change to Britain's
