High Court Ruling Requires Parliamentary Approval To Trigger Article 50

Some breaking news: The triggering of Article 50 by the UK government could be delayed or halted by . The High Court has put down a verdict stating that Parliament has to agree to beginning the process of leaving the European Union, not the government of the day.

The Conservative government under the leadership of Prime Minister Theresa May have argued since the June referendum that the government will not seek Parliamentary  approval for when the UK will trigger Article 50. Though a campaign lead by Investment manager Gina Miller had taken the case to the High Court, arguing that Parliament only has the power to invoke Article 50, not the government. The government has announced  that they will appeal the verdict in the Supreme Court.

It will be interesting to see what happens next over Brexit, as this verdict could leave problems in the PM’s plans to invoke the leaving process by the end of March next year. If the appeal fails, Parliament will decide when or if to trigger Article 50, and even perhaps how the process will proceed. The government thought that they could decide the moment when to begin the two year process of leaving the EU and future negotiations with the other 27 member states, on their terms, but this seems unlikely now.  

So what now? Either the government is able to just get a yes or no vote in Parliament, meaning MPs decide within a single sitting of the House of Commons (substantive motion), or legislation will have to be passed by Parliament, meaning that it will likely take months and months before the government gains approval to trigger Article 50. If there is requirement for legislation, then MPs could place conditions on the process, leading to further delays. Also, if legislation in required, both houses will vote, and as it currently stands the government does not have majority of seats in the House of Lords. And as we know most Lords are against leaving the EU. So if the House of Lords votes against the wishes of the people this could make the process even more problematic.

As majority of the people voted to leave the EU, most MPs will likely vote in favour of invoking Article 50, as not to go against their electorate's wishes. Although after the decrease in the pound over the last few months and the slight shock to the economy, some voters might decide to call for their MP to vote against invoking Article 50. We will just have to see what transpires after the Supreme Court appeal and the judgement of Parliament of when and how the UK leaves the EU.

I thing this judgement by the High Court was a great win for parliamentary democracy, as it gives the power back to the legislative and thus the people. I was not in favour of the government having sole authority to decide when to trigger Article 50, and how the process of negotiations with the EU will proceed. I voted to remain in the EU, but I support the democratic decision of the majority of the people. Though, I do not support any hard Brexit that will effect the economy and the future of the UK. As I have stated in earlier posts on this issue, the UK will still need access to the single market, even if that requires signing up to the 'freedom of movement.' So I hope that this ruling by the High Court will allow for a more substantive debate and a more democratic outcome in future negotiations between the UK and the other 27 EU member states, rather then one decided by the Conservative government.

What a Victory for Aung San Suu Kyi and Myanmar.

History has been made in Myanmar (Burma), with the first democratically free general election for  over 25 years, been held on the 8^th November. The election commission has just announced that Aung San Suu Kyi and her National League for Democracy (NLD) party have won a landslide victory.

The final results have not been fully declared, as a small number of seats still to be confirmed, but the NLD have so far gained  two-thirds or over 80% of the elected seats in both the low and upper houses. The rest of the seats have been divided between the current military backed Union Solidarity Development Party (USDP), the automatic 25% seats held by the military and other minor parties.

  With such a landslide victory, one would think that Ms Suu Kyi, as leader of the NLD would become President or at least Prime Minister. But the political arrangement in Myanmar is no ordinary democratic system that many other states enjoy, instead much of the power still lies with the military. Although the NLD will have the majority of seats in both houses in the Hluttaw (Parliament) and have the right to participate in the selection of a new President, many of the key positions of power will still belong to the military generals. The defence, home affairs minister and other security related positions are selected by the military.

Furthermore, with the election results clearly demonstrating that Ms Suu Kyi commands the support of majority of the Myanmar people, one would also think that she would become President, but this is not the case. Unless the constitution is changed (this requires the support of the military), Ms Suu Kyi cannot become President, because she was married to a foreigner and have two boys who are both British citizens.

This election result is a first step victory for democracy in Myanmar and for Ms Suu Kyi, but unless we see a constitutional change and major reforms, the unelected military will still have majority of control over the country and its future. Although this election compared to 1991 and more recent ones have shown that Myanmar is heading in the right direction, but as Ms Suu Kyi has stated in the past that there is a long road ahead. For real democracy and freedom for the Myanmar people to be realised, the military needs to step away from its past and grant much needed constitutional reforms, allowing for Ms Suu Kyi to stand as President. 

The weeks and months ahead will be crucial for a country not experienced in democratic change. Let’s hope that both the current President Thein Sein and the military stick to their words and respect the election results, perhaps even work with a Ms Suu Kyi led government to bring long awaited democratic change to the people of Myanmar.