All 11 of the United Kingdom’s most senior judges will take their seats on the Supreme Court bench today to hear the Government make its final case on its right to use royal prerogative powers to trigger the nation’s exit from the European Union without parliamentary ratification. A previous decision in the High Court that it would be unconstitutional for the Government to trigger Article 50 without first seeking the approval of Parliament caused uproar among pro-Brexit campaigners and a heated backlash against the High Court judges involved in the ruling among the more conservative elements of the national press.
History-making bench
The 11-justice panel is the largest ever assembled in the Supreme Court for a single case since the law lords were created in 1876, in recognition of the constitutional and political significance of the case. A run-of-the-mill Supreme Court case is generally heard by only five justices – though always an odd-number to ensure a tie-breaking vote. While the four-day hearing will be closely watched, it is unlikely that the justices will return a verdict until the new year.
Political crossfire
Appearing before the Supreme Court on behalf of the Government, attorney general Jeremy Wright QC is expected to make that case that when the slim majority of British voters chose to exit the European Union, they did so with a ‘clear understanding’ that the Government could implement the outcome of the vote without further consultation with Parliament. With several of the 11 justices having already been subjected to close political scrutiny in the press in recent weeks, Mr Wright will also warn the judges not to defy ‘the will of the electorate’ by allowing their own politics to colour their judgement. However, Labour shadow attorney general Shami Chakrabarti backed the judges as ‘referees of the constitution’ and refuted claims that the appeal is inherently political. ‘This is about process. It is not about outcomes,’ she said,
Sources: The Guardian; The Telegraph
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