The triggering of Article 50: In defense of the judges

Judging the Judges

Road To Somewhere Else

By Daniel Margrain

The ruling last Thursday (November 3) by three High Court judges to allow MPs the right to a vote over the decision to Brexit was welcomed by this writer. Campaigners won their battle to defeat Theresa May’s attempt to use the Royal prerogative as a means of overriding parliamentary sovereignty. The decision of the judges means that the government cannot trigger Article 50 without a vote in parliament. Given that the referendum wasn’t legally binding, the judges had no choice but to apply what is a matter of constitutional law. The 2015 Referendum Bill, which states that the result was advisory,not mandatory, is clear on this matter:

“The UK does not have constitutional provisions which would require the results of the referendum to be implemented unlike, for example, the Republic of Ireland, where the circumstances in which a binding referendum should be held are set…

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