Tag Archives: High Court judgement

A “Titanic” success for the government in the High Court

Brendan_Donnelly

 

By Brendan Donnelly, Director, The Federal Trust

 

When challenged about its claimed right to initiate the process of taking the United Kingdom out of the European Union without Parliamentary consent, Mrs. May’s government has relied on two arguments, one legal and one political. The first is that the renunciation of treaties, such as the Treaty of Rome, is under the UK’s largely unwritten constitution an executive privilege of government. The High Court on 3rd November decisively rejected this claim by the government, a decision that will be challenged in the Supreme Court next month.  Whatever the decision of the higher court on the strictly legal issue, it will leave open the broader question of the political and ethical appropriateness of the British government’s seeking to leave the European Union without Parliamentary sanction. In response to this challenge, the government deploys its second, political argument, that the British people have spoken in the referendum of 23rd June, their decision to leave the European Union is irrevocable and those who seek to reverse it are acting undemocratically. This claim deserves much more critical scrutiny than it has received in public debate over recent months. Too many commentators and politicians have allowed themselves to be browbeaten and morally blackmailed by accusations from the government and its allies in the media that the referendum of 23rd June, with its narrow majority in favour of ill-defined revolutionary change, constituted a mandatory basis for whatever action the government decided it wished to take in interpretation of that decision. Continue reading A “Titanic” success for the government in the High Court