The referendum which went in favour of Britain’s exit from the European Union (EU) seemed decisive. Negotiations for it were to commence from March 31 next year. But Britain’s High Court has now brought government plans for quitting the EU to a halt ruling that the exit cannot take place without parliamentary approval. The government says it will go to the Supreme Court to challenge the ruling. Prime Minister Theresa May’s right to trigger Brexit have major constitutional implications which hinge on the balance of power between Parliament and the government. It is argued that leaving the EU will remove rights including free movement within the bloc and that cannot be done without Parliament’s approval. High Court judges agreed that the government did not have the power under the Crown’s prerogative. The Crown cannot change domestic law and nullify rights under the law unless Parliament gave it the authority to do so. The government however is determined to respect the result of the referendum. Prime Minister May wants to use the royal prerogative, historic powers officially held by the monarch to trigger Article 50. The powers enable decisions to be made without a vote of Parliament.
The judicial verdict may however be set aside by the British Supreme Court which will hear the appeal before the end of the year. The question is whether it will just delay the exit or put obstacles in the way of its implementation. What will happen if the matter is put to the vote in the House? A large number of MPs have reservations about Brexit. Even Prime Minister May was against it before the referendum was taken. Labour Party leader, Jeremy Thorbyn was also against it but the referendum was taken to be final. The current confusion can only rock the British economy and the value of the pound. It is however still considered that the court cannot stop Britain leaving the EU eventually.