"Remainers" are up for a fightby Elizabeth Prochaska / January 24, 2017 / Leave a comment
In its judgment in the Miller case, delivered this morning, the Supreme Court ruled that the government could not trigger Article 50 without an act of Parliament. The government had argued that it could use prerogative powers—the rag bag of executive powers left over from Britain’s days as an absolute monarchy—to begin the withdrawal process from the EU. But the Court proved itself the true guardian of parliamentary sovereignty by insisting that the process for Brexit depended on parliamentary consent.
In the turbulent months after the referendum, there seemed some promise that the intervention of the courts would bring order to the chaos and Brexit might be stopped, or at least delayed. But politics has moved on. After the High Court decision in November, Theresa May prepared a draft bill authorising the government to make the Article 50 declaration and the Supreme Court judgment no longer holds momentous political significance. No doubt that’s why Liz Truss felt able to issue an unusually gracious statement praising the independence an integrity of the judiciary.
There was some speculation, following extra-judicial comments by Brenda Hale, Depu…