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Nov 062016
 

There has been a great deal of fuss over the recent High Court decision recently that requires the government to ask parliament to authorise Article 50 to trigger leaving the EU. Most of it complete rubbish, and the more extreme responses were childish too.

The court case had nothing to do with Brexit itself – it was a constitutional issue over whether the government had exceeded its authority by trying to use the royal prerogative to authorise Article 50. The court decided it had, and that parliament should decide on the Article 50 issue.

It was not an attempt to defeat Brexit. There wasn’t some sort of remainer conspiracy to block Brexit. It was “just” a standard constitutional law case deciding on whether the government was using the royal prerogative unnecessarily to act in an undemocratic way.

As a side effect of the decision, there is a chance that parliament might decide to ignore the referendum result and try to remain within the EU. This would probably be a dumb move (and I would prefer to remain within the EU), but the blame for that loophole is down to how the original referendum was drawn up.

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