"Although Brexiteers campaigned on the promise to take back powers from Brussels and Luxembourg to Westminster, they have resisted the closer involvement of Parliament in the process because a large majority of MPs in the House of Commons and of peers in the House of Lords backed the Remain side in the referendum. Yet since the referendum produced a clear majority to Leave on a very high turnout, it seems unlikely that Parliament will actually block Brexit.
The prime minister has promised to keep Parliament informed over her plans for Brexit, but not to give a “running commentary” for fear that this will undermine her negotiating position. Yet she has also promised a Great Repeal Bill that will give domestic effect to most EU law after Britain leaves the club. And it is also clear that Parliament will need to approve the terms of Britain’s departure and of its future relations with the EU.
The Supreme Court may well endorse the High Court’s judgment. But even if it does not, the political argument for giving Parliament greater say both in the triggering of Article 50 and in the lengthy negotiating process that will follow now seems unanswerable."
And the New York Times says:
"If
the High Court decision added another twist to an issue that has profoundly
divided the British, it also contributed a sorely needed dose of democratic and
legal clarity. The referendum date was set in February by Prime Minister David Cameron,
in the hope that it would silence pro-Brexit members of his Conservative Party.
Instead, the vote ballooned into an impassioned plebiscite on globalization,
economic dislocation, migration, identity and other issues that have galvanized
citizens not only in Britain, but across Europe and the United States as well.
Mr. Cameron lost the vote and his job.
A mantra of the Leave campaigners
was that Britain has ceded too much authority to Brussels, and that the British
Parliament needed to “take back control” over British affairs. The court’s
ruling follows this logic — that only Parliament has the power to alter British
law and therefore only it can choose to leave the bloc.
Although there will be an appeal, the lower court’s decision already
underscores what the Brexit process and other populist movements in Europe and
the United States have demonstrated: that elected officials in representative
democracies abrogate their responsibility for tough decisions at their own
peril, and at peril to their country. Britain’s Supreme Court may come to a
different interpretation of legal precedent, but the political lesson is not
likely to change."
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