Brexit UK Supreme Court Decision: Government Loses Challenge

The Brexit UK Supreme Court decision has been delivered this morning and the government has lost its challenge. This comes as a defeat to the government by a majority of 8 to 3 Lady / Lord Justices who have just moments ago, dismissed the Secretary of State’s appeal.

The Brexit UK Supreme Court decision has been delivered this morning and the government has lost its challenge. This comes as a defeat to the government by a majority of 8 to 3 Lady / Lord Justices who have just moments ago, dismissed the Secretary of State’s appeal.

Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption and Lord Hodge were in the majority. Whereas Lord Reed, Lord Carnwath and Lord Hughes dissented.

The result is a conclusive one in that in a joint judgment of the majority, the Supreme Court holds that an Act of Parliament is required to authorise ministers to give Notice of the decision of the UK to withdraw from the European Union. Each of the dissenting justices gives a separate judgment.

Brexit UK Supreme Court Decision: Press Summary

The press summary from the UKSC states that “Lord Reed, with whom Lord Carnwath and Lord Hughes agree, considers that the effect which Parliament has given to EU law under the ECA is inherently conditional on the application of the EU treaties to the UK and therefore on the UK’s membership of the EU. The ECA does not impose any requirement or manifest any intention in respect of the UK’s membership of the EU. It does not therefore affect the Crown’s exercise of prerogative powers in respect of UK membership [177].

Lord Carnwath observes that service of notice under Article 50(2) will not itself change any laws or affect any rights but is merely the start of an essentially political process of negotiating and decision making within the framework of that article. The Government will be accountable to Parliament for those negotiations and the process cannot be completed without the enactment by Parliament of primary legislation in some form [259]”.

Brexit UK Supreme Court Decision: Judgment

For those who might be interested in reading the entire 97 page judgment is now available to view / download from here: 2017 UKSC 5 20170124 Brexit Case Full Judgment UK Supreme Court.