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Brexit Article 50 case returns to Supreme Court Brexit Article 50 case: Government could use 'one-line act'
(35 minutes 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. Ministers could prepare a "one-line act" if they are forced to consult Parliament before triggering Brexit, the government's lawyer says.
On day two of the landmark hearing campaigners who say Parliament must be consulted will also address the court. James Eadie QC said this would be the "solution in legal terms" if the government lost its appeal to the Supreme Court.
The government is appealing against the High Court ruling it lost last month. The government says it can trigger Article 50 of the Lisbon Treaty without the need for a Parliamentary vote.
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. Campaigners on the other side of the argument will put their case later.
The government is appealing against the High Court ruling it lost last month. Although the result could complicate the government's triggering of the process for the UK leaving the EU it is not expected to stop Brexit happening.
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. Resuming his argument on Tuesday morning, Mr Eadie said that if the government did have to put a bill before Parliament it "certainly won't" set out possible arguments and how it intends to negotiate.
"The solution in legal terms is a one-line act," he said, adding: "It may be that would lead to all sorts of Parliamentary complications and possible additions and amendments and so on, but that's the solution."
Mr Eadie also said it was "fundamentally inaccurate" to say that the 1972 European Communities Act removed the government's executive powers to undo it.
And he was pressed by the justices on the amount of involvement Parliament will have in the process of the UK leaving the European Union in the years ahead, notably through the planned Great Repeal Bill which would end the primacy of EU law.
The first day catch-up...The first day catch-up...
The view from court, by Dominic CascianiThe 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 points at stake
Read legal correspondent Clive Coleman's full analysis
The arguments in briefThe arguments in brief
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.
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 the case of Gina Miller, the lead respondent.
A verdict from the 11 justices is expected in January.A verdict from the 11 justices is expected in January.