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2024.11
Brexit The Article 50 Case Taking Back Control
  • Nov 20, 2024
It is uncommon for a court judgment to bring about turmoil in the foreign currency markets. However the pound took off on the morning of November third after the High Court in London decided that Parliament only has the power to trigger Article 50 of the European Union treaty, the lawful course for Britain to leave the EU. The markets' reaction mirrors the view either that Parliament may block Brexit thoroughly or, maybe more conceivably, that it will append conditions to an act invoking Article 50 that make a "soft" Brexit more probable.

The government is speaking to the Supreme Court, which will start the case right one month from now. The government stresses that only it has the privilege to invoke Article 50 under the regal right, which gives it sole power over foreign policy and over the making or unmaking of treaties. However, the High Court expressly dismisses this line in its judgment. Its contention is that the 1972 European Communities Act, which offers impact to Britain's EU participation, involves domestic law, not foreign policy. A choice to invoke Article 50 could prompt Britain's exit from the EU in two years period with no further parliamentary contribution, essentially upsetting the 1972 act. The court's judgment is that any such stride requires earlier parliamentary endorsement.

Amidst the unfathomable issues of unwritten constitution of Britain and the royal privilege lie some huge political contentions. Despite the fact that Brexiteers campaigned on the agenda to reclaim powers from Brussels and Luxembourg to Westminster, they have opposed the inclusion of Parliament in the process in light of the fact that a greater part of MPs in the House of Commons and of companions in the House of Lords assisted the Remain side in the referendum. However since the referendum delivered a greater part to Leave on a high turnout, it appears to be improbable that Parliament will apart from Brexit.

The Prime Minister has guaranteed to keep Parliament enlightened over her arrangements for Brexit, slot but not to give a "running commentary" as this might jeopardize her negotiating position. However she has guaranteed a Great Repeal Bill that will give domestic impact to most EU law after Britain leaves the club. Additionally, it is apparent that Parliament should support the terms of Britain's takeoff and of its future relations with the EU.

The Supreme Court may support the High Court's judgment. Yet, regardless of the possibility that it doesn't, the political contention for giving Parliament more invoking of Article 50 and in the long negotiating process now appears to be unanswerable.








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