A debate is brewing within the United Kingdom over whether Prime Minister Theresa May has the authority to trigger the Brexit process without Parliament's consent. On Sept. 27, London's High Court ordered May's office to release a document detailing its legal arguments on why it believes it can independently invoke Article 50 of the Lisbon treaty, officially beginning the procedure of leaving the European Union. In the report, the administration's lawyers argue that it would be "constitutionally impermissible" to allow Parliament to guide the country's departure from the bloc. The government has also said Parliament already has a role in the Brexit because it will have to repeal the European Communities Act of 1972.
Some British lawyers, however, beg to differ. A group of over 1,000 barristers signed a letter to the prime minister in July demanding that the Brexit be put to a parliamentary vote. They pointed out that the referendum renouncing the United Kingdom's EU membership was nonbinding and that the prime minister cannot make such a significant decision without consulting Parliament. In fact, several lawsuits have been filed challenging the referendum's results. London's High Court is expected to issue its ruling on the parliamentary vote on Oct. 13. If its decision is then appealed, the Supreme Court will make a final ruling on the case by mid-December.
Should lawmakers succeed in securing a legislative vote on the Brexit, they will have to decide when to begin the process of negotiating the country's withdrawal from the Continental bloc, which will almost certainly spark heated discussions among British officials and society. May appears confident that this will not happen, however, and that she has the legal authority to act without Parliament's support. She has repeatedly declared that "Brexit means Brexit." Nevertheless, the possibility that Parliament will be permitted to vote on the issue cannot be ruled out.