Who gets to decide whether we leave the EU: the Prime Minister or must Parliament vote to adopt a new law?
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The country has fought a referendum and it has produced a result: that the United Kingdom should leave the European Union. However, in setting up the referendum, the Government decided that it should only be 'advisory'. But advise who? Does it advise the Prime Minister so that she or he gets to decide whether we leave the European Union? Or must Parliament make this momentous decision for our country?
We are presently crowd-funding for two steps. First, to take advice from the leading public lawyers in the country: John Halford of Bindmans LLP instructing leading Queen's Counsel and Junior barrister specialising in constitutional law. And, second, to write to the Government to discover its position.
This could well be the most important public law case in living memory. Because of its public interest, each of the highly sought after lawyers has agreed to act for significantly below their normal market rate. And because everyone has an interest in its outcome, we would like everyone to have the opportunity to fund it.
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About the claimant
My name is Jolyon Maugham QC. I am organising the litigation. I do not know whether the case will be brought in my name. I litigate tax cases for a living - but I also write extensively about how tax policy affects the lives of real people. You can find out more about me at www.waitingfortax.com
Who gets to decide whether we leave the European Union: the Prime Minister or Parliament?
We expect to take advice and write to the Government next week.
We have retained the leading firm Bindmans LLP who will instruct a specialist Queen's Counsel and Junior.
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