Today, 13 October 2016, the High Court heard the judicial review challenge to the Government’s plans to trigger Article 50 to take the UK out of the EU without seeking prior authorisation from Parliament.
The “People’s Challenge” was represented by Lord Pannick, a constitutional lawyer and cross-bench peer. He told the court that the case “raises an issue of fundamental constitutional importance concerning the limits of the power of the executive“.
Lord Pannick stressed that the case was fundamentally about “whether the law allows the executive to give notification under Article 50” rather than “the political wisdom or otherwise of withdrawal by this country from the EU“.
In his submission, Lord Pannick argued that the sovereignty of Parliament meant that what Parliament did “is entirely a matter for Parliament“. In contrast, government ministers believe that the use of the Royal Prerogative now residing in the executive is constitutionally proper and consistent with domestic law.
The hearing will continue on 17 October and the morning of 18th October 2016.
The transcript of today’s hearing can be found here.