The highest Court in England and Wales was asked in December 2016 to consider the following question:-
'Does the government have power to give notice pursuant to Article 50 of the Treaty on European Union of the United Kingdom's intention to withdraw from the European Union, without an act of Parliament providing prior authorisation to do so?'
The Supreme Court has now delivered its judgement and has concluded that the government can not trigger Article 50 to formally commence proceedings to lead the European Union without an authorising Act of Parliament. The Supreme Court further held that in triggering Article 50 UK ministers were not obliged to consult the devolved assemblies.
The significance of the decision is that it means that the Prime Minster, Theresa May cannot use the royal prerogative to trigger Article 50 and has to have the consent of democratically elected Parliament in the form of an Act of Parliament.
As we have previously reported there has been much commentary on the Supreme Court judgement. However it must be remembered that the judges were asked to determine a largely procedural issue which they have done. They have not entered the political arena thus this remains the prerogative of Parliament.