The High Court’s Brexit ruling is a product of our ‘post-truth’ age

In November the High Court decided that the Government had no power to give notice to leave the EU under Article 50. Leaving the EU would entail changes in the law that embodied the rights of citizens and such changes could not be brought about by the prerogative power but only by primary legislation in Parliament. The court considered the referendum only advisory, even though in the Parliamentary debate it was made clear that the decision would be implemented by the Government. Moreover, the Government had circulated a leaflet to all households giving a solemn undertaking to honour the decision.

On 5 December the Supreme Court will hear an appeal against the High Court decision. The decision of the High Court should be reversed because it wrongly interpreted our constitution.  The judges argued that the prerogative power was being used to take away rights granted by primary legislation in the form of the European Communities Act of 1972.