The British High Court declared on Thursday that May’s government has not legal authority to start the Brexit process without prior parliamentary approval.
The Parliament is the only body empowered to use royal prérogatives in order to trigger Article 50 of the Treaty on European Union, i.e. the mechanism for the voluntary and unilateral withdrawal of a country from the European Union.
Yesterday, three senior judges started a hearing process that could legally challenge Brexit outcomes.
David Pannick, a distinguished British barrister, pleaded before the court that “prerogative powers may not be used by the minister to remove rights established by the act of parliament.”
Therefore, only the parliament can change the European Communities Act away through the enactment of a new legislation.
The hearing will continue until next week and any possible High Court’s decision will be appealed and sent to the Supreme Court, which will begin a hearing in December.