The result of one of the most divisive referendums in recent history could be derailed by one woman, Gina Miller, 51, a national of Guyana who was raised in the United Kingdom (UK).
Miller is challenging a bid made by the Prime Minister of the United Kingdom, Theresa May, to avoid a parliamentary vote on triggering Brexit, arguing that triggering Article 50 without asking MPs to vote to approve it is unconstitutional.
Her challenge is being heard at the High Court in London, where she is being represented by QC Lord Pannick, a renowned human rights lawyer.
Miller is of the view that Prime Minister May has no legal power to trigger Article 50 of the Lisbon Treaty to leave the European Union without the authorization of Parliament.
In a recent interview, Miller said, “They can use this very antiquated, secretive royal prerogative to bypass Parliament. You have to question how they can possibly bypass a sovereign Parliament. Surely that’s what we wanted, was a sovereign Parliament?”
Miller is unsatisfied with Prime Minister May’s announcement that there would be a debate on the issue, dismissing it as “political blustering”.
“I’m questioning whether the Government has the right to bypass Parliament and use this royal prerogative, which they are still saying that they do and that she does, and that she and a handful of ministers will be able to trigger Article 50 without any sort of legal certainty or scrutiny in Parliament.”
She says her case is not about delaying the decision and should not affect the timetable currently in place for triggering Article 50. Instead, she is focusing on ensuring the UK’s sovereignty is not compromised.