In the wake of the start of legal proceedings against the government, David Wolchover argues that even if it is held that Parliament did validly authorise the Prime Minister to trigger Article 50, her exercise of the power may have been ultra vires nonetheless
In four articles published over the last seven months I have argued that in the wake of the Supreme Court’s decision in the Gina Miller case (R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) [2017] UKSC 5 Parliament never actually mandated the government to trigger Article 50 of the Treaty on European Union. Three challenges to the validity of the government’s purported notification of the United Kingdom’s intention to withdraw from the Union have now begun their journey through the British courts. One has been brought by a retired GP, Dr Andrew Watt (for more on Dr Watt's challenge, see here). The identity of a second, hitherto anonymous, claimant is known to me. A
