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Brexit Article 50 case returns to Supreme Court Brexit Article 50 case returns to Supreme Court
(about 1 hour later)
The legal dispute over how Brexit must be authorised returns to the Supreme Court on Tuesday morning with the government set to round off its case.The legal dispute over how Brexit must be authorised returns to the Supreme Court on Tuesday morning with the government set to round off its case.
On day two of the landmark hearing campaigners who say Parliament must be consulted will also address the court.On day two of the landmark hearing campaigners who say Parliament must be consulted will also address the court.
The government is appealing against the High Court ruling it lost last month.The government is appealing against the High Court ruling it lost last month.
On Monday its lawyers argued ministers had executive powers to trigger Article 50 of the Lisbon Treaty and that Parliament need not get the final say.On Monday its lawyers argued ministers had executive powers to trigger Article 50 of the Lisbon Treaty and that Parliament need not get the final say.
The advocate general for Scotland, Lord Keen, and Northern Ireland's attorney general, John Larkin QC, are also scheduled to address the court before the legal team for the main respondent, investment manager Gina Miller, takes over.The advocate general for Scotland, Lord Keen, and Northern Ireland's attorney general, John Larkin QC, are also scheduled to address the court before the legal team for the main respondent, investment manager Gina Miller, takes over.
There have been queues to get into the hearing, which is expected to last until Thursday.There have been queues to get into the hearing, which is expected to last until Thursday.
'An intellectual contest' The first day catch-up...
By Dominic Casciani, BBC Home Affairs Correspondent The view from court, by Dominic Casciani
Day one of the hearing was exactly the kind of scenario that the Supreme Court was set up to answer: the biggest question of the day - if not decades.Day one of the hearing was exactly the kind of scenario that the Supreme Court was set up to answer: the biggest question of the day - if not decades.
Inside court one, we had the unprecedented scene of 11 justices and some of the beefiest legal teams in the country.Inside court one, we had the unprecedented scene of 11 justices and some of the beefiest legal teams in the country.
Proceedings were, like many Supreme Court hearings, an intellectual contest conducted with warmth, civility and good humour - an examination of what the UK's uncodified constitution means.Proceedings were, like many Supreme Court hearings, an intellectual contest conducted with warmth, civility and good humour - an examination of what the UK's uncodified constitution means.
Outside it was different - protesters from both sides. Some good humoured, some not. One shouted "traitor" at Gina Miller as she left court, having exercised her legal right to challenge the government.Outside it was different - protesters from both sides. Some good humoured, some not. One shouted "traitor" at Gina Miller as she left court, having exercised her legal right to challenge the government.
Who's winning? Hard to tell.Who's winning? Hard to tell.
After lunch the justices gave the government team a tough time - but at this level you can't read anything into that.After lunch the justices gave the government team a tough time - but at this level you can't read anything into that.
That's what they are there to do: test to the limits the claims being made, define the line and uphold the rule of law that protects our democracy.That's what they are there to do: test to the limits the claims being made, define the line and uphold the rule of law that protects our democracy.
The arguments in brief
The government has said it will trigger Article 50, which begins two years of formal talks, by the end of March.The government has said it will trigger Article 50, which begins two years of formal talks, by the end of March.
It says it can do this using ancient "prerogative" powers but campaigners argue authorisation should come from Parliament, leading to the battle in the courts.It says it can do this using ancient "prerogative" powers but campaigners argue authorisation should come from Parliament, leading to the battle in the courts.
On Monday Attorney General Jeremy Wright argued the powers the government wants to use to trigger Article 50 were not a "relic" but a "fundamental pillar of our constitution as a sovereign state".On Monday Attorney General Jeremy Wright argued the powers the government wants to use to trigger Article 50 were not a "relic" but a "fundamental pillar of our constitution as a sovereign state".
The government's top lawyer, James Eadie QC, also argued that Parliament could have chosen to limit ministers' power to trigger Article 50 but had chosen not to.The government's top lawyer, James Eadie QC, also argued that Parliament could have chosen to limit ministers' power to trigger Article 50 but had chosen not to.
Lord Pannick QC - a crossbench peer - will be putting forward Ms Miller's case.Lord Pannick QC - a crossbench peer - will be putting forward Ms Miller's case.
A verdict from the 11 justices is expected in January.A verdict from the 11 justices is expected in January.