The High Court judgment: keep calm and carry on…


About Lord Norton
Professor of Government at Hull University, and Member of the House of Lords

The Norton View

untitledThe High Court judgment in the Miller case, that notification under Article 50 of the TEU of the UK’s intention to leave the EU cannot be given under the royal prerogative, has attracted intense comment, some of it vituperative and directed at those who gave the judgment rather than the judgment itself.  As I have already tweeted, if you believe (as I do) that the judgment is flawed, you should identify the flaws – not attack the judges.  We are fortunate in the quality of our judiciary and the judges who gave the judgment are rightly among the most eminent.

I am not sure I shall add much to existing commentaries on the case, but here – for what they are worth – are my observations:

This situation could have been avoided.  The fact that the case has arisen is in many respects the consequence of the rush to hold…

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2 comments

  • My question would be is why are the establishment suddenly the champions of procedure and legal process, especially when legislation that goes against their own self-interest and/or ideology is often side-lined or ignored?

    It was clear to the ordinary person what the referendum was about, and a truly democratic government should ensure that the people get what they thought they were paying for; rather than being bombarded with small print and legal ambiguities.

  • There is an alternative course of action, which does not involve the triggering of Article 50, according to Professor Ingrid de Frankopan.

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