I have a right to an opinion and I think those judges got it wrong. Hopefully the next set will see sense and let the government get on with triggering article 50. Then they can start to negotiate our exit from the EU.
The crucial part of the judgement says: "The most fundamental rule of the UK's constitution is that Parliament is sovereign and can make and unmake any law it chooses...
...the Crown - i.e. the Government of the day - cannot by exercise of prerogative powers override legislation enacted by Parliament"
I'd be interested to know why you think the judges "got it wrong". I'd be delighted if you could inform us (and them) as to which crucial bit of our constitution they managed to overlook. It was not some sort of political judgement. All they did was apply the laws as made by Parliament.
When they lose the Supreme Court appeal, the Government is going to attempt to pass what they are describing as a "bomb-proof" Bill through Parliament in order to allow them to action Article 50. This is how I imagine that will turn out:
http://www.lawyersforbritain.org/referendum-binding.shtml
"The law on invoking Article 50
Article 50 of the Treaty on European Union was inserted into that Treaty by the 2007 Lisbon Treaty. It is often (inaccurately) referred to as “Article 50 of the Treaty of Lisbon”. It entitles any Member State to withdraw from the European Union and sets out (in broad outline) the procedure to be followed. Article 50(1) and the first sentence of Article 50(2) set out in very simple terms how the process of withdrawal is begun:
“1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention. ...”
As paragraph 1 above confirms, the constitutional law of each Member State governs how that State shall take a decision to withdraw and who, under its national law, has power to take such a decision. The procedure by which this will done will vary from State to State. For example, where, as in the case of some States, membership of the EU has been embedded into the national constitution, it might be necessary to amend that constitution by some special procedure in order for the State to make a valid decision to withdraw.
The United Kingdom does not have a written constitution which spells out who has the power to take a decision to withdraw from the EU and communicate that decision to the European Council. Therefore, one starts by looking at the general law on who has the power to conclude and withdraw from international treaties. And the general rule is quite clear. Under the UK’s constitution, it is the Crown (the Queinsofar as they relate to future costsen acting under the Royal Prerogative in practice on the advice of government ministers) which has the power to enter into and withdraw from international treaties."
