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Invocation of Article 50 has been challenged in the British courts on the basis that the British Parliament never voted to leave the EU despite the clear decision of the Supreme Court ruling. Campaigners argue the referendum result was not ratified by an act of Parliament, which they claim means the triggering of Article 50 is invalid. [71]
The petition directly asks the government to revoke article 50 and therefore keep the United Kingdom in the European Union. It reads: "The government repeatedly claims exiting the EU is the will of the people. We need to put a stop to this claim by proving the strength of public support now for remaining in the EU.
Article 50 of the Treaty on European Union (TEU) provides for the possibility of an EU member state leaving the European Union "in accordance with its own constitutional requirements". [ 1 ] Currently, the United Kingdom is the only state to have withdrawn from membership of the European Union.
The Act's long title is To Confer power on the Prime Minister to notify, under Article 50(2) of the Treaty on European Union, the United Kingdom's intention to withdraw from the EU. The Act confers on the Prime Minister the power to give the notice required under the Treaty when a member state decides to withdraw. [4]
An invocation of Article 50 of the Treaty on European Union would remove rights enacted through primary legislation, and therefore may not be done by royal prerogative without enabling primary legislation. The Sewel Convention and other devolution laws do not require the permission of the devolved assemblies of Scotland, Wales and Northern Ireland.
The Representation of the People Acts 1983 (1983 c. 2) and 1985 (1985 c. 50), as amended, also permit certain British citizens (but not other British nationals), who had once lived in the United Kingdom, but had since and in the meantime lived outside of the United Kingdom, but for a period of no more than 15 years, to vote.
1 United Kingdom invocation of Article 50 of the Treaty on European Union. Toggle the table of contents. Wikipedia: ...
In interpreting the intent of the Act, the court considered the precedents of previous UK referendums. As a consequence, the European Union (Notification of Withdrawal) Bill 2017 was introduced into Parliament to gain Parliament's consent for the invocation of Article 50.