Tricky one this. Presumably people voting Brexitassumed that control and sovereignty rested with Parliament. But David Cameron appears to think he can by-pass Parliament on this one. So, it’s a bit like the “elected Mayor” situation in devolution where one person gets to decide what happens next. Owl always thought that was a definition of dictatorship!
“The referendum held on 23 June was an exercise to obtain the views of UK citizens, the majority of whom expressed a desire to leave the EU. But the decision to trigger article 50 of the Treaty of European Union, the legal process for withdrawal from the EU, rests with the representatives of the people under the UK constitution.
The government, however, has suggested that it has sufficient legal authority. Mishcon de Reya has been in correspondence with the government lawyers since 27 June 2016 on behalf of its clients to seek assurances that the government will uphold the UK constitution and protect the sovereignty of parliament in invoking article 50.
If the correct constitutional process of parliamentary scrutiny and approval is not followed then the notice to withdraw from the EU would be unlawful, negatively impacting the withdrawal negotiations and our future political and economic relationships with the EU and its 27 member states, and open to legal challenge. This legal action seeks to ensure that the article 50 notification process is lawful.”
Source: Guardian Live blog
East Devon Watch 