Why the Judges Have Got it Wrong on Brexit
Legal experts have challenged the High Court’s judgment more effectively than Theresa May
The High Court ruling that parliament must give its consent before Britain can begin to leave the EU is redolent with irony.
The argument that parliamentary sovereignty must not be overridden was brought by people who themselves want Britain to remain in the EU and who so negate the sovereignty of parliament.
Conversely Brexiteers, whose cause is the restoration of parliamentary sovereignty, put themselves in difficulties by inveighing against a ruling which seeks to uphold that same sovereignty.
The Brexiteers who vented fury and personal attacks on the three High Court judges seem to have paid scant heed to this principle. Of course, the ruling that parliament needs to approve the decision to trigger Article 50 of the Lisbon Treaty may enable Remainers to throw…
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