The government has urged the Supreme Court to make a decision the
"ordinary man and woman" would understand in the landmark legal
challenge over Brexit.
Government
lawyer James Eadie QC said ministers could trigger Brexit and that there was no
basis for Parliament to get the final say.
He faced a
grilling from the 11 Supreme Court justices as he set out his case.
The
government is appealing after last month's High Court ruling that MPs must be
consulted before triggering Brexit.
There were
queues going into the courtroom and protesters outside on day one of the
hearing, which is expected to last four days, with a verdict due in January.
The outcome
will have implications for Theresa May's strategy for EU exit, but it is not a
court case on whether or not Brexit actually takes place.
In the
first day at the Supreme Court:
- Court president Lord Neuberger
said the judges would consider issues impartially and decide the case
according to the law
- The government set out why it
thinks it should be able to use "prerogative powers" to trigger
Brexit
- Ministers have the power to
make or unmake treaties, it said
- It said the powers were not a
"relic" but a key part of the constitution
- Parliament could have chosen to
restrict ministers' power to act but had chosen not to, it said
- Mr Eadie said Parliament had
"carefully selected" which areas it wanted to control, and that
where it had not, executive power should apply
At the
start of the hearing, Supreme Court president Lord Neuberger said the justices
were aware of the public interest in the case and the "strong feelings
associated with the many wider political questions surrounding the United Kingdom 's
departure from the European Union".
But he
added: "This appeal is concerned with legal issues, and, as judges, our
duty is to consider those issues impartially, and to decide the case according
to the law."
He also
said some of the people involved in the case had received "threats of
serious violence and unpleasant abuse in emails and other electronic
communications", warning anyone that such behaviour "undermines the
rule of law".
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