Article 50 case about the law not politics, says Supreme Court chief
The case on whether Parliament needs to be consulted before Article 50 is triggered is a matter of law only, not politics, the head of the Supreme Court said on Monday as he warned against threats against those involved.
Before the landmark case started, the president of the Supreme court, Lord Neuberger, warned against “threats of serious violence and unpleasant abuse” towards those involved, after the critical coverage following the High Court's ruling in November.
“Threatening and abusing people because they are exercising their fundamental right to go to court undermines the rule of law. Anyone who communicates such threats or abuse should be aware that there are legal powers designed to ensure that access to the courts is available to everyone.”
No one involved in the case objected to any of the 11 justices to hearing the case.
Lord Neuberger said that the case was about about the law only: "We are aware of the strong feelings associated with the many wider political questions surrounding the United Kingdom's departure from the European Union. However...those wider political questions are not the subject of this appeal.
"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. This is what we shall do."
The hearing is expected to last four days with the ruling due in January.
During the hearing representatives from the Scottish and Welsh governments will address the Supreme Court, after they said that triggering Article 50 may need permission from devolved governments.
Representation from expats living abroad and from the Independent Workers Union will also speak.
The initial case was brought to the High Court by Gina Miller, a fund manager, and hairdresser Deir Dos Santos who questioned the prime minister's prerogative powers to trigger Article 50.
In November the High Court ruled that the only Parliament could activate the clause, and the government subsequently appealed the ruling to the Supreme Court.
The government has said that it is currently preparing legislation to trigger Article 50. Prime Minister Theresa May has said that the hearing had not disrupted her timetable to trigger it by the end of March.