Showing posts from November, 2016

Brexit, the UK Constitution and politics - do not confuse the rules with the game

The recent judgement of the High Court in R (Miller) vSecretary of State for Exiting the European Union [2016] EWHC 2768 (3 November 2016, Admin) seems clear enough. The issue is one of law. Is there, as a matter of law, power in the executive to trigger Article 50 of the Treaty on the European Union?   The consequences of this decision fall into the political domain. But the decision itself is not political. It is not about what is the right thing to do, it is about who has the power to that thing. The conclusion of the judges, after hearing full argument, is that there is no power in the Executive (which draws its power from the Crown) to trigger Article 50 of the Treaty on the European Union .  So, the Executive/ Crown cannot change the rights of UK citizens without the consent of Parliament. A deep and very important cornerstone of UK civil liberties.  The judges are right to guard it even in the face of miscomprehending public hysteria whipped up by cynical and misl