iStock/Thinkstock(LONDON) — Thursday, the Supreme Court in the U.K. ruled that Britain’s Parliament has to vote on whether the United Kingdom can leave the European Union.
U.K. Prime Minister Theresa May, who was elected in the wake of the British vote to leave the EU, said she wants to begin the formal negotiation process for “Brexit” by the end of March 2017.
But Thursday’s court decision, if it stands, will not allow her government to proceed until Parliament makes its determination.
What exactly does that mean for Brexit? Here are some key facts:
Why Is a Court Involved?
A group led by investment manager Gina Miller, which raised money for its challenge to the government through crowd-funding, launched a Brexit legal case arguing that a government shouldn’t be able to act independently and leave the EU without consulting Parliament.
The government argued that it should be able to use its royal prerogative powers, meaning it could act alone, to trigger Article 50 of the Lisbon treaty and begin the formal process to leave the EU.
Thursday, the government lost the case.
The Court has ruled against the Government. Our argument that #ParliamentIsSoveriegn has WON!
— People’s Challenge (@ChallengeArt50) November 3, 2016
The People Voted, Why Does Parliament Have to Vote?
Nearly 52 percent of British voters voted “Leave” the EU, while around 48 percent voted “Remain” in June. But the voters were not asked about what leaving the EU should entail and how the process should be carried out.
“People gave consent to leave the EU. They did not say exactly how the government will interpret it,” Dr Peter Paul Catterall, Reader in History, Sociology and Criminology at the University of Westminster, told ABC News. “The referendum shouldn’t give the government carte blanche to how they interpret it. They’ve been interpreting their mandate to mean a series of other things which people didn’t vote on. How is that democratic?”
“The court ruling stops the government from establishing a very dangerous precedent that they can set up referendums and then interpret them the way they want,” he said.
What Happens Next?
The government is appealing Thursday’s decision to the Supreme Court. A hearing is expected next month.
“I expect the Supreme Court may affirm the judgement of the High Court because from what I’ve seen from the judgment I can’t see grounds on which they will find an alternative interpretation,” said Catterall.
If the Supreme Court upholds the High Court’s decision, the government might be able to appeal the case to the European Court of Justice. But that is still unclear.
If the government loses its appeal and accepts the Supreme Court’s decision, Members of Parliament (MPs) will vote on whether Article 50 should be triggered and when it should happen. This is likely to happen before March.
I now fear every attempt will be made to block or delay triggering Article 50. They have no idea level of public anger they will provoke.
— Nigel Farage (@Nigel_Farage) November 3, 2016
I would vote in favour of triggering Article 50 if this comes to Parliament. Here is my Facebook post on the matter: pic.twitter.com/0OsMTr9oiJ
— Matt Warman MP (@mattwarman) November 3, 2016
What Does This Mean for Brexit?
It is unlikely that MPs will try to block the referendum result, even if they are against leaving the EU. But, the government will have to give the Parliament much more information about the process, which may be delayed as a result.
“As Parliament will now have to pass legislation approving the service of the Article 50 notice, the government may not be able to serve the Article 50 notice by the end of March as it originally intended to,” said Trevor Tayleur, associate professor at The University of Law. “However, the decision is not about the merits of leaving the EU, but on the legal issue concerning the correct procedure for doing so.”
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