Joshua Rozenberg

Brexit in the balance

Britain’s senior judges must persuade the public that they are deciding this case according to the law, not politics

issue 03 December 2016

For once, a cliché is justified: the government’s appeal to the Supreme Court next week really will be a landmark case. The underlying issue could not be greater: the political future of the United Kingdom and its relationship with the European Union. The number of judges could not be greater either: 11 is the largest panel to have heard a single appeal, not just since the court was created seven years ago but since its predecessor was established in 1876. But perhaps the greatest issue at stake is the reputation of the judiciary, at a time when judges are under attack as never before.

Nigel Farage had threatened a 100,000-strong march on the Supreme Court. He has since changed his mind, but there will be no shortage of drama. Theresa May’s case is that her government does not need a vote in Parliament to give formal notice of its intention to leave the European Union.

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