UK mired in constitutional faceoff over Brexit

 

Britain Supreme Court is all set to hear the government’s appeal against a ruling that it must get the approval of the parliament before triggering Article 50—a process to formally leave the European Union. It has led to the constitutional face-off.
The High Court dramatically ruled last month that Prime Minister Theresa May’s government did not have the power to invoke Article 50 of the European Union’s Lisbon Treaty.
This has infuriated Brexit supporters who think that the lawmakers, who are in favour of staying in the EU, could soften Britain withdrawal.
Britons voted by 52 percent to leave the EU in the June 23 referendum. But the act legislating the vote did not make the result legally-binding, meaning either the government or parliament still has to pull the trigger.
Also, Prime Minister Theresa May suffered a rebuke over her plans for Brexit after voters in Richmond ousted a eurosceptic lawmaker Zac Goldasmith in favour of Sarah Olney, a pro-European Liberal Democrat candidate. “Our message is clear: we do not want a hard Brexit,” Olney said as she became her party’s ninth MP with 49.68 percent of the vote, compared to 45.15 percent for Goldsmith. “We do not want to be pulled out of the single market, and we will not let intolerance, division and fear win,” she added.
All 11 judges of the Supreme Court to begin four days of appeal hearings, with a decision due in January.
Despite the complexity of the issues involved, they will be under pressure to make a swift ruling, as May has promised EU leaders she will invoke Article 50 by the end of March.
May says she has constitutional authority over foreign affairs, including the right to withdraw from treaties, under so-called ‘royal prerogative’ powers.
But the claimants in the case counter that Brexit would nullify some domestic laws and strip citizens of certain rights—actions that only parliament can
carry out.
The outcome of the Supreme Court rulings will lead to many possibilities.
If the government wins the case, Prime Minister Theresa May will be free to invoke The Article 50 whenever she wants. And this would lead to the March timetable to start the the Brexit process. But in the case if the Supreme Court upholds the ruling, the government will immediately bring short bill to begin Brexit. The bill will have to be approved by the House of Commons and House of Lords, which could either vote down the bill or seek amendments. This will take time and would certainly delay the process.
In case parliament votes down the bill, it will make Britain domestic politics chaotic as well as its departure from the EU.
Parliament’s refusal to pass the bill would be seismic for both domestic politics and for Britain’s departure from the European Union. In this case May could announce a general election. It will enrage the Brexit supporters. And the lawmakers blocking Brexit will suffer Public’s wrath.
This will be disastrous for the main Labour opposition, who are trailing in the polls. And the scene is further chaotic in the presence of the Scottish and Welsh governments. They are demanding the judges should rule that their own devolved parliaments can have their own vote on triggering Article 50. Whatever is the court’s ruling, it is not going to be smooth sailing for PM Theresa May.

Leave a Reply

Send this to a friend