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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 06:19 EST
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Top UK judges grill govt lawyer on Brexit plans

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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.

Dos Santos is a 37-year-old hairdresser, born in Brazil. He says he actually voted Leave but still thinks parliament should decide on A50

Siobhan Fenton7 December 2016 12:09

Here's what Dos Santos has said about his reasons for bringing the case, previously: independent.co.uk/news/uk/home-n…

Siobhan Fenton7 December 2016 12:11

"The courts will take no notice of the will of the people, expect where that will is expressed in a statute of parliament" Dominic Chambers

Siobhan Fenton7 December 2016 12:12

I'm at Supreme Court with live coverage on the Brexit legal case, where lawyers are now arguing against government: independent.co.uk/news/uk/politi…

Siobhan Fenton7 December 2016 12:16

"The source of law in domestic rights is absolutely critical" Dominic Chambers

Siobhan Fenton7 December 2016 12:18

While we've been in court, some Labour MPs have said they'll vote against PM revealing Brexit plans-as it's a 'trap' independent.co.uk/news/uk/politi…

Siobhan Fenton7 December 2016 12:25

"EU rights take effect in UK domestic law solely through the assent of parliament" Dominic Chambers

Siobhan Fenton7 December 2016 12:47

Chambers is advancing in considerable detail the idea that only parliament can remove British citizens' rights, and EU withdrawal would...

Siobhan Fenton7 December 2016 12:50

... mean removal of certain rights, only parliament can initiate Brexit- not Theresa May. This was a key argument in the High Court case

Siobhan Fenton7 December 2016 12:50

And in the ruling then judges appeared to say it was among the most convincing arguments, so Chambers is reiterating it again here in depth

Siobhan Fenton7 December 2016 12:51

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