May CAN'T trigger Brexit unless MPs approve, judges rule

Judges have ruled the Prime Minister does not have power to start the UK's exit from the EU unless MPs approve

In one of the most important constitutional cases in generations, three senior judges ruled the Prime Minister does not have power to use the prerogative to trigger Article 50 of the Lisbon Treaty to start the UK’s exit from the European Union - without the prior authority of Parliament.

The ruling against the Government was made by Lord Chief Justice Lord Thomas, sitting with two other senior judges in London.

The Government has been given the go-ahead to appeal against the ruling at the Supreme Court.

Meanwhile, the author of Article 50 has said the UK could choose to remain in the EU even after exit negotiations begin.

John Kerr said the UK could still legally choose to reject a Brexit after the legislation that begins formal negotiations is invoked.

The Scottish cross-bench peer, who wrote Article 50 of the Lisbon treaty, also renewed calls for parliament or the public have another say on the referendum.

Lord Kerr said: “It is not irrevocable - you can change your mind while the process is going on.

“During that period, if a country were to decide actually we don’t want to leave after all, everybody would be very cross about it being a waste of time, they might try to extract a political price, but legally they couldn’t insist that you leave.”

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