October 26, 2021

Brexit requires Parliamentary Approval, UK Court rules

Alicia Nicholls

In its judgement rendered this morning, the UK High Court has held that Parliament must vote before the UK can begin the process of leaving the European Union by giving notice pursuant to Article 50 of the Lisbon Treaty.

In summary, the court did not accept the argument by the Government that its prerogative powers included the ability to make such a notification without parliamentary approval. The question of whether the Article 50 notification should be made, therefore, must be submitted to Parliament for a vote.

This is not the end of this story of course. The Government has signalled its intention to appeal the ruling.

A longer analysis of the ruling and its implications can be read here.

Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

caribbeantradelaw

The Caribbean Trade Law and Development Blog is owned and was founded by Alicia Nicholls, B.Sc. (Hons), M.Sc. (Dist.), LL.B. (Hons), a Caribbean-based trade and development consultant. She writes and presents regularly on trade and development matters affecting the Caribbean and other small states. You can follow her on Twitter @LicyLaw. All views expressed on this Blog are Alicia's personal views and do NOT necessarily reflect the views of any institution or entity with which she may from time to time be affiliated.

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