Article 50 ‘Brexit’ Appeal. R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references, 5-8 December 2016. Ruling, 24 January 2017

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Publication Date 24/01/2017
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Further background information sources can be found in ESO:

+ Article 50 - Article 50 TEU: Withdrawal of a Member State from the EU

+ Northern Ireland Legal Challenges, October 2016 - Belfast court rejects two challenges to Brexit

+ Legal Challenge in UK High Court - Hearings, October 2016 - Court battle looms over Brexit legality

+ Legal Challenge in UK High Court - Judgment, 3 November 2016 - High Court ruling on Article 50: Statement

+ UK Government response to judgment and lodging of appeal - Oral statement to Parliament. Process for invoking Article 50: Ministerial statement 7 November 2016. See also the links within the Record to the Grounds of Appeal to the Supreme Court of the Secretary of State for Exiting the European Union

+ Role of the Devolved Administrations - Scottish Government will intervene in Article 50 legal case

+ Role of the ECJ? - Brexit and the EU Court

+ Speech by UK Prime Minister Theresa May, Lancaster House, 17 January 2017 outlining the UK government Brexit strategy including the role for the UK Parliament.

+ Analysis of the UK media response to the Supreme Court ruling of the 24 January 2017 by the UCL The Constitution UnitIn an important judgment given on 3 November 2016 the High Court in London ruled that only Parliament had the authority to trigger Article 50 of the European Union treaty, the legal route for Britain to leave the EU. This meant that the UK government could not trigger Article 50 without involving parliament.

The judges highlighted that the judgment was not a political issue. It was purely constitutional.

The UK Government appealed the judgment.

The appeal was heard at the UK's highest court, the Supreme Court, from 5-8 December 2016, with a ruling given on the 24 January 2017.

Note, that in addition to the appeal concerning the case brought in the UK High Court in November 2016, the Supreme Court also considered two references on specific legal questions from the Northern Ireland Court of Appeal.

The Judgment
The Supreme Court by a majority of 8 to 3 dismissed the Secretary of State’s appeal (Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption and Lord Hodge in the majority with Lord Reed, Lord Carnwath and Lord Hughes dissenting). In a joint judgment of the majority, the Supreme Court held that an Act of Parliament was required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. Each of the dissenting justices gave a separate judgment.

On the devolution issues, the court unanimously concluded that neither section 1 nor section 75 of the NIA was of assistance in this case, and that the Sewel Convention did not give rise to a legally enforceable obligation (ie. the UK Government did not have to consult the legislatures of Scotland, Wales and Northern Ireland).

The UK Government responded in a statement: 'The British people voted to leave the EU, and the government will deliver on their verdict – triggering Article 50, as planned, by the end of March. Today’s ruling does nothing to change that.

It’s important to remember that Parliament backed the referendum by a margin of 6 to 1 and has already indicated its support for getting on with the process of exit to the timetable we have set out.

We respect the Supreme Court’s decision, and will set out our next steps to Parliament shortly'.

On the 25 January 2017 Mrs May announced in parliament after pressure from many MPs that the UK government would formally publish a White Paper with their Brexit plans in the coming weeks.

Source Link https://www.supremecourt.uk/cases/docs/uksc-2016-0196-press-summary.pdf
Related Link(s)
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
Full Fact: Law: Brexit in law: Ask Full Fact: Brexit in court https://fullfact.org/law/ask-full-fact-brexit-in-court/
Blog: LSE Brexit, 20.01.17: The Article 50 case explained in sticky notes http://blogs.lse.ac.uk/brexit/2017/01/20/the-article-50-case-explained-in-sticky-notes/
The Conversation, 20.01.17: What is at stake in the Supreme Court’s Brexit ruling https://theconversation.com/what-is-at-stake-in-the-supreme-courts-brexit-ruling-70928
ESO: Background information: Brexit: MPs to vote on Article 50 timetable http://www.europeansources.info/record/brexit-mps-to-vote-on-article-50-timetable/
United Kingdom: The Supreme Court: Article 50 'Brexit' Appeal. R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references, 5-8 December 2016. Ruling, 24 January 2017 [Full text of ruling] https://www.supremecourt.uk/cases/docs/uksc-2016-0196-judgment.pdf
Blog: Open Europe, 24.01.17: Theresa May should be able to take this defeat in her stride http://openeurope.org.uk/today/blog/theresa-may-able-take-defeat-stride/
Blog: UK in a Changing Europe, 24.01.17: Response to Supreme Court ruling from The UK in a Changing Europe http://ukandeu.ac.uk/response-to-supreme-court-ruling-from-the-uk-in-a-changing-europe/
Blog: UCL Constitution Unit, 24.01.17: Following the Supreme Court ruling, what happens next? https://constitution-unit.com/2017/01/24/following-the-supreme-court-ruling-what-happens-next/
UK: Prime Minister's Office: Press Release, 24.01.17: Supreme Court ruling on Article 50: statement https://www.gov.uk/government/news/supreme-court-ruling-on-article-50-statement
Institute for Government: Briefing Note, January 2017: Brexit Brief: Supreme Court ruling on Article 50 appeal https://www.instituteforgovernment.org.uk/sites/default/files/publications/supreme-court-ruling-article-50.pdf
Wales: Government: News, 24.01.17: Statement by the Welsh Government - Article 50 Supreme Court Judgment http://gov.wales/newsroom/firstminister/2017/170124article50/?lang=en
UK: GOV.UK: Department for Exiting the European Union: Speeches, 24.01.17: Statement on the process for triggering Article 50 https://www.gov.uk/government/speeches/statement-on-the-process-for-triggering-article-50
Politico, 24.01.17: Big Brexit battle was no such thing http://www.politico.eu/article/big-brexit-supreme-court-battle-was-no-such-thing/
EUObserver, 24.01.17: UK parliament must give Brexit approval, judges rule https://euobserver.com/uk-referendum/136648
EurActiv, 24.01.17: UK parliament must approve triggering Article 50, Supreme Court rules http://www.euractiv.com/section/uk-europe/news/uk-parliament-must-approve-triggering-article-50-supreme-court-rules/
Blog: Verfassungsblog, 24.01.17: Brexit in the Supreme Court: An Opportunity Missed? http://verfassungsblog.de/brexit-in-the-supreme-court-an-opportunity-missed/
The Economist, 24.01.17: Brexit and parliament. A court ruling on Article 50 hints at Britain’s coming constitutional storm http://www.economist.com/blogs/bagehot/2017/01/brexit-and-parliament
The Conversation, 24.01.17: Government loses Brexit court case – so what happens now? https://theconversation.com/government-loses-brexit-court-case-so-what-happens-now-71824
Blog: LSE Brexit, 24.01.17: Miller in the Supreme Court: a welcome reminder of the function of a constitution and the rule of law http://blogs.lse.ac.uk/brexit/2017/01/24/miller-in-the-supreme-court-a-welcome-reminder-of-the-function-of-a-constitution-and-the-rule-of-law/
Blog: UCL Constitution Unit, 25.01.17: Why parliament needs a ‘good Brexit’ [by Brigid Fowler, Senior Researcher at the Hansard Society] https://constitution-unit.com/2017/01/25/why-parliament-needs-a-good-brexit/
The Guardian, 25.01.17: 'Parliament alone is sovereign': Gina Miller speaks out after article 50 victory https://www.theguardian.com/politics/2017/jan/25/parliament-alone-is-sovereign-gina-miller-speaks-out-after-article-50-victory
Scotland: Government: Newsroom: News, 24.01.17: UK Supreme Court ruling http://news.gov.scot/news/uk-supreme-court-ruling
Blog: The Federal Trust, 25.01.17: The Supremes say 'Stop in the name of Parliament' http://fedtrust.co.uk/the-supremes-say-stop-in-the-name-of-parliament/
Euro|Topics: Debates, January 2017: Will the British parliament stop Brexit? http://www.eurotopics.net/en/173288/will-the-british-parliament-stop-brexit
In Facts, 25.01.17: [Comment]: MPs must vet deal at same time as European Parliament https://infacts.org/mps-must-vet-deal-time-european-parliament/
Blog: EU Law Analysis, 25.01.17: The judgment in Miller: Representative Democracy Strikes Back http://eulawanalysis.blogspot.co.uk/2017/01/the-judgment-in-miller-representative.html
Blog: EU Law Analysis, 28.01.17: Brexit and the Safeguard of EU Transnational Rights - Act II The Supreme Court’s Position http://eulawanalysis.blogspot.co.uk/2017/01/brexit-and-safeguard-of-eu.html
Blog: Verfassungsblog, 06.02.17: The ‘Elegant Way’ of the Constitution (by Pavlos Eleftheriadis) http://verfassungsblog.de/the-elegant-way-of-the-constitution/

Countries / Regions ,
Record URL https://www.europeansources.info/record/?p=500903