Theresa May does not need MPs’ approval for Brexit because it is the ‘will of the people’, court hears
Campaigners argue the PM must have the prior authorisation of Parliament before starting the process of leaving the EU
THERESA May’s decision to make Brexit happen without a vote by MPs is legal because it is the “will of the people”, the High Court heard today.
Attorney General Jeremy Wright has defended the Prime Minister’s decision to use the royal prerogative in her strategy for taking Britain out of the European Union.
He told the court she was legitimately giving effect "to the will of the people".
Campaigners, led by former model Gina Miller, have mounted a historic challenge to argue Mrs May lacks power to trigger Article 50 of the Lisbon Treaty to leave the European Union without the prior authorisation of Parliament.
Disagreeing, the attorney general told three senior judges resort to Article 50 involved the "proper and well established use of the royal prerogative by the executive".
It had been made available, following the vote in favour of Brexit, "to give effect to the will of the people - wholly within the expectation of Parliament".
The attorney general added that "notification - once given - will not be withdrawn.
"It is our case that Parliament's consent is not required."
The court heard Ms Miller has received threats because she is challenging the legality of Mrs May's strategy for Brexit.
At the start of the second day of the historic hearing, the Lord Chief Justice said the court had been informed that the 51-year-old investment fund manager and philanthropist had received emails and "other communications".
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He declared to the packed courtroom: "It is simply wholly wrong for people to be abusive of those who seek to come to the Queen's courts."
And he warned that if "this conduct continues, those who do it must appreciate that the full vigour of the law" would be used.
The action, which is being heard by Lord Thomas and two other judges at the High Court in London, has been described as one of the most important constitutional cases in generations.
Ms Miller and several other applicants argue that the Prime Minister has no legal power to trigger Article 50 of the Lisbon Treaty to leave the European Union without the prior authorisation of Parliament.
Mrs May announced at the Conservative Party conference that she intends doing so by the end of March 2017.
The court has heard submissions that the Government lacks legal power to use the royal prerogative to notify Article 50 and begin the process of removing statutory rights granted to UK citizens under the European Communities Act 1972, which made EU law part of UK law.
Government lawyers say that if the challenge succeeds, the Government ''could not give effect to the will and decision of the people, as clearly expressed in the referendum, to withdraw from the EU without further primary legislation''.
Attorney General Jeremy Wright, the Government's leading law officer, is at the centre of the legal battle.
He has stated: ''The country voted to leave the EU in a referendum approved by Act of Parliament.
"There must be no attempts to remain inside the EU, no attempts to rejoin it through the back door, and no second referendum.
''The result should be respected and the Government intends to do just that.''
Because of the urgency and constitutional importance of the case, any appeal is expected to be heard by the Supreme Court, the highest court in the land, before the end of the year.