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[英伦广角] 2016-11-05 英国脱欧生变 首相无权启动退欧

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[英伦广角] 2016-11-05 英国脱欧生变 首相无权启动退欧

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Government 'confident' of winning Brexit court case appeal


The PM tells European leaders her Brexit plan remains on track despite the High Court setback on triggering Article 50.

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Two ancient institutions that judiciary and parliament warn a very modern conundrum who decides to enact the referendum verdict to leave the European Union. The answer from the high court not the Prime Minister, blowing open the government’s Brexit plans and time tape.

It was a thumping legal victory for challenge principally brought by financier and philanthropist Gina Miller.

“The result today is about all of us, It’s not about me or my team. It’s about our United Kingdom and all our futures. It’s not about how anyone voted. Everyone of us voted for the best country and best future.”

Others supported the case against the government too, but three judges the Lord Chief Justice, the Master of the Rolls and Lord Justice Seals concluded: “In the judgment of the court the Government’s argument is contrary to the fundamental constitutional principals of the sovereignty of Parliament. For the reasons set out in the judgment, we decide that the Government does not have the power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union.”

The defendant in the case was Brexit Secretary David Davis who vowed to appeal.

“The result of the referendum must be respected. Parliament voted by six to one to give the decision to the people, no ‘ifs’ or ‘buts’, and that’s why we are appealing this to get on with delivering the best deal for Britain, as best deal for growth, best deal for investment, best deal for jobs. The people want us to get on with it and that's what we intend to do.”

The Crown said the claimant case was that Parliament created statutory right when Britain joint what was to become the European Union, and only Parliament can take those rights away, not the Prime Minister using executive powers.

The PM last month X anti on the case at a conservative conference.

“They are not trying to get Brexit right. They are trying to kill it by delaying it. They are insulting the intelligence of the British people.”

But now the PM’s opponents on common scrutiny of Brexit say they have the law on their side.

“Parliament has to have a say and this is a crucial decision for the future of this country. We’re gonna be looking at the issue of market access to Europe, looking at the future of the manufacturing industry, looking at the access of finance services to Europe.”

“People actively consider whether or not this is a case for the Scottish government to become participants in that case. And we should remember that there are refusals to they don't have a coherent position and they know that if they take their case to the House of Commons that will be exposed”

Other nations and territories may also get involved in the appeal.

“The government did not just lose unanimously here in the High Court, it wasn’t even close with an immediate impact on the market, strengthening the hand of those MPs that want closest scrutiny of the Brexit process. And if the government fails to overturn this, and the Supreme Court also impacts on the timing of Article 50 and perhaps an early general election too.”

Brexit Campaign is saying “enough is enough”.

“Frankly X, 17.4 million people do not care about some legal X for three or four hundred years ago. That is relevant. That is relevant is jobs, investments and democratic will and success of our great nation. And that’s what has been damaged today.”

But Miss Miller called on the government to withdraw the appeal.

“I can’t see an awful lot of regroup from a legal argument point of view, from black letter of the law. We believe we have a very strong case, and if you read the full judgment from the court, they believe so too. So we are quite confident about the appeal. And I actually think it’s a waste of time for the government to appeal.”

It’s all set for early December in what will be the mother of all constitutional battles at the Supreme Court with a final verdict in the New Year.

Faisal Islam, Sky News.
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