In June 2016, 51.9% of voters in the United Kingdom approved a referendum to leave the European Union, compared to 48.1% voting to remain. What took decades to take shape cannot simply be entirely undone overnight, so the timeline for the UK’s exit of the EU is the subject of ongoing debate. Does Prime Minister Theresa May have such authority or does the decision fall under the scope of Parliament’s role?
PM May has publicly declared her intention to notify other members of the EU that the UK’s intends to leave it. May stated this process would commence after Article 50 of the Lisbon Treaty is triggered which should occur before the end of March 2017. UK/EU talks over the terms of the separation will take place over the two years following this action. Taking the fight to the Supreme Court, opponents of May and those who support remaining in the European Union are among critics insisting only Parliament has the legal standing to make this decision. Leading the charge are Gina Miller, an investment manager, and Deir Dos Santos, a hairdresser. Making the case for May and the UK government is Jeremy Wright, the Attorney General.
Both sides attempt to apply the subordination of the powers of the commonwealth, or separation of powers, in support of their arguments. All powers are subordinate to the powers of the legislature in a constituted commonwealth, meaning the legislature is the only supreme power. However, it is common that the executive is a single citizen, and this individual to an extent also has supreme power as executor of the law.
The government argues that the executive is empowered to use Article 50 through royal prerogative. That the referendum passed implies the government has the consent of its citizens to carry out the process of leaving the EU. Miller and her fellow campaigners bring up that it is only the legislature that has the power to make law and that the legislation of the referendum did not cede the power of triggering Article 50 to the executive. Miller’s representatives further argue that ministers cannot change the constitution or enter into treaties that contradict it.
This case over the subordination of powers is complicated considering that the citizens consented to leaving the EU. The government is keeping with the tradition of respecting the consent of the governed by taking the results as cue to begin the process of leaving. Wright also declared that the legislation supports this and that Parliament did not seize the opportunity to limit the executive’s power over using Article 50.
As Supreme Court hearings continue, the fact that government has consent will prove to be very important. The will of the people and the referendum’s legislation support May and the government’s case. Regardless of the ruling, however, the citizens ought to rise up if the legislature or executive thwart the UK’s exit or act in opposition of the result.
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