The judge in the case looking at the legal basis for triggering Article 50 has ordered the government to release the legal basis they are using to argue that the Royal prerogative is sufficient in law to allow the Prime Minister alone to make the decision (HERE).
He told both parties: “Against the background of the principle of open justice, it is difficult to see a justification for restricting publication of documents which are generally available under [court] rules.”
He has also allowed the People’s Challenge, a crowdfunded group, to publish its full claim without any sections of it being redacted or withheld. It argues that “only parliament can lawfully ‘decide’ to leave the EU for the purposes of article 50[of the treaty]; and that the [government] may only ‘notify’ such a decision to the European council under article 50(2) once [it] has been properly authorised to do so by an act of parliament”.
The solicitor acting for the People's Challenge said: “Those who were unsettled by the government’s insistence on its defence being kept secret will now be surprised by the contents, including submissions that Brexit has nothing constitutionally to do with the Scottish and Northern Ireland devolved governments, that parliament ‘clearly understood’ it was surrendering any role it might have in Brexit by passing the EU Referendum Act, that it has no control over making and withdrawal from treaties and that individuals can have fundamental rights conferred by acts of parliament stripped away if and when the executive withdraws from the treaties on which they are based".
The judgement when it comes will be interesting.
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