MPs vote to back Government’s timetable on Article 50 (Brexit)

Sky News ^

[Winniesboy]

The motives of those who brought the case are indeed as you describe. But that doesn't mean that the High Court/Supreme Court case itself is not valid. What was invalid was the assumption by the Government that it could proceed with Brexit in whatever way it chose without further reference to the sovereign Parliament and the necessity of primary legislation.

The referendum vote did indeed determine that Brexit would happen: but it gave no instructions on how it should happen and which of the many possible interpretations of Brexit should be pursued. Only Parliament can do that.

Inserting a device of direct democracy (a referendum) into a system based on representative democracy is always going to be messy, which is one reason we have so few of them. But it would be less messy, and the Parliamentary consequences more straightforward, if Parliament had committed itself to being bound by the outcome in the first place. But it didn't, we are where we are, and given the government's apparent determination (since somewhat tempered) to ride solo, something like the High Court/Supreme Court case was inevitable, never mind who brought the case or what they were ultimately after.

[Cronos]

Actually it looks like no....

[Cronos]

in hindsight parliament should have voted on the boundaries it could have accepted

[mewzilla]

But the principle of Parliamentary sovereignty is literally at the core of the British constitution - and so insisting on the right to have a debate and a vote in Parliament is also an important part of ensuring the United Kingdom functions the way it is constitutionally supposed to.

Membership in the EU is antithetical to that.

[Cronos]

No it isn’t — every suggested law put by the EU parliament of elected members (like Nigel Farage) has to be voted on by individual countries’ parliaments. And they can implement what they like of that within limits (as do the German, French, Italian etc. governments) — and the UK government has always goldplated EU suggestions

[naturalman1975]

In hindsight, a great many things should have been done differently. At least some of them should have been anticipated.

[naturalman1975]

Membership in the EU is antithetical to that.

Absolutely. Which is why I wanted out for the UK and still want that.