Welcome news that the government can’t trigger Art 50 behind closed doors by claiming to use the pre-civil war powers of the sovereign. Back at my law school, we learned about the power of the courts in preventing the widening of prerogative powers, in the telling phrase of Lord Diplock in BBC v Johns that it is

350 years and a civil war too late for the Queen’s courts to broaden the royal prerogative

. A short, sharp reminder of the limits of the profoundly undemocratic power that the executive craves, but which judges can reign in as a defence against the untrammelled exercise of political power. The deluded Brexiters who rejoice that we’ve ‘taken back’ the country, now need to learn another lesson – that Parliament is the supreme law-maker and has the right to control the work of government ministers, particularly when they think it better to do shabby deals in closed rooms that will have a profound effect on our lives and the economy for years to come. An appeal would be most unwise, and a waste of public money.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s