Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

As it happenedended

Brexit legal challenge live: MPs don't actually want to vote on Article 50, government lawyer claims

The appeal against MPs voting on Article 50 is now in its second day

Siobhan Fenton
London
Tuesday 06 December 2016 11:19 GMT
Comments
Top UK judges grill govt lawyer on Brexit plans

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Here are the latest updates:

Please wait a moment for the live blog to load:

The Supreme Court is today hearing the second day of arguments in the Brexit legal challenge.

11 of the most senior judges in the UK are hearing the government's appeal to a High Court ruling that Theresa May must let MPs vote on whether to trigger Article 50.

Yesterday, the court heard from government lawyer James Eadie QC and Attorney General Jeremy Wright. The lawyers argued the Prime Minister has authority to trigger the mechanism and begin EU withdrawal processes.

However, the judges questioned why more details haven't been provided about what will be in the Great Repeal Bill, the legislation through which the government intends to legislate for life outside the EU.

The judges also said serious threats have been made to claimants in the case and warned they must be stopped.

The case is expected to last four days in total, ending on Thursday.

Chambers is suggesting entering EU was, while the exact opposite, clearest example we have of what to do now for Brexit (just in reverse)

Siobhan Fenton7 December 2016 14:11

This morning Supreme Court exploring the legal impact of the Commons motion. This afternoon Commons debate referred to legal impact of Court

Faisal Islam7 December 2016 14:12

Chambers compares UK system to Republic of Ireland, which has provisions for referendums in its constitution e.g 2015 same sex marriage vote

Siobhan Fenton7 December 2016 14:14

"The only point for this court is whether the referendum has any legal effect, and our position is it has no legal effect- consistent with..

Siobhan Fenton7 December 2016 14:17

...the wording of the [EU referendum] Act and the position of the law at that time"

Siobhan Fenton7 December 2016 14:17

Chambers draws court's attention to 2011 AV referendum- the ill fated attempt by Lib Dems in early coalition days to reform voting system

Siobhan Fenton7 December 2016 14:19

Government could still win this appeal. But if i were still a government lawyer I would be telling government to brace itself for losing.

davidallengreen7 December 2016 14:21

Judge "A referendum is the people speaking to politicians- instructing them. That's one way of looking at it"

Siobhan Fenton7 December 2016 14:25

Judge Carnwarth asks if a motion in Parliament would be enough alone to trigger Article 50?

Siobhan Fenton7 December 2016 14:27

"The people are not powerless, they always have the power to get rid of their members of parliament if they want to" Dominic Chambers

Siobhan Fenton7 December 2016 14:29

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in