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Brexit Impact on the UK Constitution - Specialist Brexit Lawyers
Brexit has caused a Monumental Constitutional Crisis. On the 3rd November 2016 the UK High Court ruled that the Government could not trigger Article 50 of the Lisbon Treaty (thereby starting the Brexit negotiations with Brussels) without the consent of the UK Parliament. The problem appears to have been that when Parliament voted for the referendum to take place, it did not explicitly clarify that a Leave result would automatically allow the Government to trigger Article 50 without a further vote.
The Judicial decision was lambasted in many National Newspapers, with broadsheets such as the Daily Telegraph carrying on its front page a picture of the 3 High Court Judges and the banner “The People vs the Judges”. The independence of the Judiciary has been a cornerstone of UK democracy for centuries, a fact accepted by the Prime Minister Theresa May. She however, also stated that the freedom of the Press was equally important which appears strange as some factions of the media have been calling for elected judges and the UK Independence party have stated that they will hold a 100,000 people strong march to show the disquiet felt by the People.
The crisis is made worse as a separate ruling in Northern Ireland, appears to have supported the Government’s stance rather than the view adopted by the English High Court. It will fall to the Supreme Court to decide the issue.
The Constitutional Issues do not end here however, as the Scottish and Northern Ireland question has now surfaced. Will they seek independence from the Union with England and Wales given that they resoundingly voted to remain part of the EU? Will such issues arise before the conclusion of the UK negotiations with the EU or at the end? Will political parties such the Scottish National Party seek to obtain political capital from Brexit vote? Only time will tell.
Meanwhile anyone concerned about the Constitution and its impact on them can seek guidance from our Brexit legal experts.