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Britain’s constitution is buckling under the weight of Brexit

The Miller Supreme Court case put parliament back in the driving seat but MPs squandered the opportunity  

By Mark Elliott  

Gina Miller outside the Supreme Court in 2017. Photo: Matt Crossick/Matt Crossick/Empics Entertainment

Gina Miller outside the Supreme Court in 2017. Photo: Matt Crossick/Empics Entertainment

The Brexit-related machinations of recent weeks have certainly made for excellent political theatre. But they hardly reflect well on the British constitutional system, which is now audibly creaking under the weight of Brexit as different institutions vie for control of the process.

The writing began to appear on the wall almost immediately after the referendum, when controversy arose about who had the power to trigger Article 50. When the Supreme Court weighed in in the Miller case, it came down firmly in…

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