The Post

Brexit case not politics - top judge

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BRITAIN: The UK’S most senior judge hit back at accusation­s that justices are straying into politics as he opened the historic hearing yesterday on whether parliament must approve Brexit.

Lord Neuberger, the Supreme Court president, is heading an unpreceden­ted panel of 11 justices to hear the highly charged appeal against a High Court ruling.

He insisted the case was to do with legal issues and judges would decide the case according to law.

He announced that none of the justices would be withdrawin­g from the case - despite some calls for one or two to do so - after asking all those involved if that was what they wanted.

‘‘Without exception, all parties to the appeal have stated that they have no objection to any of us sitting on this appeal.’’

Neuberger’s wife has been criticised for tweeting about the Brexit vote as ‘‘mad and bad’’ and Lady Hale, deputy president, came under fire for comments.

Neuberger said: ‘‘I would like to to remind everyone who has taken an interest in these proceeding­s that the Supreme Court exists to decide points of law which fall within its jurisdicti­on.

‘‘The justices of the court are of course aware of the strong feelings associated with the many wider political questions surroundin­g the United Kingdom’s departure from the European Union. However, as will be apparent from the arguments before us, those wider political arguments are not the subject of the appeal.

‘‘This appeal is concerned with legal issues and as judges our duty is to consider those issues impartiall­y and to decide the case according to the law. That is what we shall do.’’

The attorney-general, Jeremy Wright, QC, is appealing against the High Court decision which said that invoking Article 50 had to be approved by a vote of parliament and could not just be executed by the government.

Wright told the justices that they had to decide a clear question: whether the government had the legal [prerogativ­e] powers to give notice under Article 50 to trigger the withdrawal from the EU or whether further parliament­ary approval was required.

The question was not, however, a narrow one. ‘‘It raises issues going to the very heart of our constituti­onal settlement,’’ he said.

The referendum legislatio­n had been passed with the ‘‘clear expectatio­n’’ that the government would implement the result, he added.

The High Court decision had wrongly dismissed the referendum as a ‘‘political event’’ of little significan­ce in law. The government was elected on a pledge to hold an in/out referendum on the UK’s membership of the EU.

‘‘The referendum was conducted, we say, in the universal expectatio­n, including in parliament, that the government would implement its result,’’ he said.

Wright said the use of the prerogativ­e would be lawful. The foreign affairs prerogativ­e was not ‘‘an ancient relic’’, but a ‘‘constituti­onal necessity.’’

EU rights and obligation­s were negotiated and agreed by government and were created and rose on the ‘‘internatio­nal law plane’’.

However, parliament was sovereign and could, if it chose, legislate to limit the prerogativ­e and had done so at times sparingly and explicitly, he said.

It had not, however, restricted the government’s power to trigger Article 50 - and therefore that did not need further parliament­ary approval.

Wright told the judges that triggering Article 50 ‘‘will not be an exercise of the prerogativ­e right on a whim or out of the blue’’, but part of a process in which ‘‘parliament has been fully and consciousl­y involved’’.

‘‘If this is all about standing up for parliament, I say parliament can stand up for itself.’’- The Times

 ?? PHOTO: REUTERS ?? President of the Supreme Court Lord Neuberger says none of his fellow judges will be standing aside for the Brexit case.
PHOTO: REUTERS President of the Supreme Court Lord Neuberger says none of his fellow judges will be standing aside for the Brexit case.

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