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Unelected and independent

The number of politicians and journalists who seem wilfully ignorant of the role of the judiciary is downright frightening, writes John van der Luit-Drummond

4 November 2016

The High Court has held the government does not have prerogative power to invoke article 50 without a vote by parliament, delaying the executive’s plans to initiate Brexit without legislative approval. The prime minister has since accepted that an act of parliament will be needed to trigger the EU escape clause, should the Supreme Court uphold the judgment in December.

The Miller judgment is a victory, not just for parliamentary sovereignty, but for the independence of the judiciary, not that you would know it in the immediate aftermath of the ruling. The casual observer would be forgiven for believing the Lord Chief Justice, Master of the Rolls, and Lord Justice Sales had committed an act of treason by handing power back to parliament.

The decision has b...

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