Only parliament can trigger Brexit. But can it then reverse the process? | Geoffrey Robertson

The supreme court judges left a large question mark over whether article 50 would mark a definitive exit from Europe or whether it could be repealed

The supreme court decision was predictable, but momentous nonetheless – a reaffirmation of the result of the Civil War, namely that parliamentary sovereignty trumps executive power, whether the executive is the king or Theresa May and her cabinet. Article 50 cannot be accessed other than by a statute passed by parliament, which repeals the 1972 European Communities Act. Parliament took us into Europe, and only parliament can take us out.

The bad news for May is that this means her “great repeal bill” must be a fully-fledged piece of legislation: its length may be short, but its time of passage will not, if MPs do their duty and discuss it, both in the House of Commons and in committee, and peers debate it in the Lords and make use of their power to remit and delay.

Related: Brexit: rebel Tories demand more say on Brexit as May loses supreme court fight

Might a coalition – now, or in some future parliament – reverse Brexit?

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Published on January 25, 2017 09:26
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