Constitutional Challenge To Brexit Succeeds: High Court Rules UK Government Cannot Trigger Article 50 Without UK Parliament Approval. Delay To Brexit Possible

The UK High Court (the "Court") ruled today that the government does not have the power to trigger Article 50 for the UK to withdraw from the European Union ("EU") without first putting the matter to parliamentary vote. The decision could therefore delay the trigger of Article 50 of the Treaty of European Union ("Article 50") which the Prime Minister, Theresa May, has promised to do by the end of March 2017. The case, R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), was brought by anti-Brexit campaign group, People's Challenge, and led by investment manager Gina Miller. It was heard before the Court in October. The Court was asked to consider whether, as a matter of UK constitutional law, the government is entitled to give notice of a decision to leave the EU under Article 50 by exercise of the Crown's prerogative powers and without reference to Parliament. The Court found that triggering Article 50 without reference to Parliament would be contrary to the fundamental rule of the UK constitution - that...