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Gina Miller, SCM Direct

UK government loses Gina Miller Brexit vote appeal


A majority of eight to three of the Supreme Court judges has found in favour of Gina Miller’s (pictured) campaign that the UK Government cannot trigger Article 50 to begin the formal process of leaving the European Union without an Act of Parliament. 

To proceed otherwise would be a breach of settled constitutional principles said Lord Neuberger.

Interviewed for Global Fund Media’s AlphaQ magazine in December, Miller explained her reasons for launching the campaign, saying: “It was the same reason I do everything,” she says. “Transparency, accountability and scrutiny. We have a process of law and Parliamentary sovereignty and only Parliament can grant rights and only Parliament can take away rights. The government cannot bypass Parliament. This was the elephant in the room that no one else appeared to be prepared to confront.”

A further statement from the Secretary of State for leaving the European Union is expected later today. In a statement Miller says: "Today 8 out of 11 Supreme Court Judges upheld the judgment handed down by the High Court last November. This case was one that went to the very heart of our constitution and how we are governed.
"Only Parliament can grant rights to the British people, and only Parliament can take them away.
"No Prime Minister or Government can expect to be unanswerable or unchallenged.  Parliament alone is sovereign.  This ruling today means the MPs we have elected, will rightfully have the opportunity to bring their invaluable experience and expertise to bear in helping the Government select the best course in the forthcoming Brexit negotiations.  Negotiations that will frame our place in the wider world, and shape all our destinies for decades to come.
"There is no doubt that Brexit is the most divisive issue of a generation. But this case has been about legal process not politics.  Today's decision has created legal certainty, based on our democratic process, and provided the legal foundations for the Government to trigger Article 50 in line with our constitution. 
"The Government’s exit plan will shape the country we want to live in and be a part of. As the Prime Minister said, we must have in mind the futures we want for our children and grandchildren. We owe it to ourselves, and to those who follow us, to ensure that the course we embark upon in the coming months and years is one we can be confident that history will judge us well for choosing.
"I am sure everyone would agree that transparency and parliamentary scrutiny are vital components in this process and on the wider political stage.  Democracy, parliamentary sovereignty, the strength of our legal system and the independence of our judiciary: these are the things that make Britain Great. We should never lose sight of that.  
"It is now for Parliament to debate and vote on what is best for Britain and for the British people."    

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