The Post

Cabinet warning for Brexit judges

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BRITAIN: Britain’s Attorney General will warn Supreme Court judges todaynot to defy the ‘‘will of the electorate’’ or ‘‘stray into areas of political judgment’’ during a landmark Brexit legal challenge.

Jeremy Wright is expected to say the judges should ‘‘resist’’ intervenin­g in a matter of significan­t ‘‘political sensitivit­y’’ as they decide whether Theresa May, the Prime Minister, has the power to trigger Brexit negotiatio­ns without a vote by MPs. He will say that people who voted for Britain to leave the European Union did so on the ‘‘clear understand­ing’’ that the Government had the power to implement the vote without ‘‘further approval of Parliament in yet further primary legislatio­n’’.

Wright will present the Government’s case to 11 Supreme Court judges as it begins an appeal against the High Court ruling which stated that May must have a parliament­ary vote before Article 50 - the formal mechanism which begins the process of the UK leaving the European Union - is triggered.

In written submission­s to the court which set out the arguments he will make today, Wright urges the judiciary not to intervene in politics, saying: ‘‘The Court is being invited ... to stray into areas of political judgment rather than legal adjudicati­on. The Court should resist that invitation, particular­ly where the underlying issue is one of considerab­le political sensitivit­y.’’

Today’s case comes amid growing suggestion that EU-supporting politician­s will attempt to use the result to force the Government to reveal its Brexit plans or face the prospect of losing a vote on Article 50.

The Liberal Democrats yesterday said that they would would vote to overturn the EU referendum result by voting against legislatio­n to trigger Brexit in Parliament if the Government loses the court case.

"The Court is being invited ... to stray into areas of political judgment rather than legal adjudicati­on. The Court should resist that invitation." Jeremy Wright, Britain's Attorney General

Ministers privately concede that the Government is likely to be defeated and warn that the Supreme Court will create a ‘‘constituti­onal crisis’’ when it returns its ruling in January.

Writing in yesterday’s Daily Telegraph, Lord Howard of Lympne, the former Conservati­ve leader, warned that peers would provoke the biggest ‘‘constituti­onal crisis’’ for a century if they seek to block Brexit.

He says: ‘‘Of course their lordships do not face the consequenc­es of electoral wrath in the same way as MPs. But that very fact makes it inconceiva­ble that the unelected Upper House would seek to thwart the clearly expressed will of the people.’’

- Telegraph Group

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