The litigation concerning the triggering of Art 50 TEU is under way, with hearings this past week and early next. It is the constitutional case of the century. The Government’s skeleton argument has been published. This reveals that one of the pillars of its defence is that the decision to withdraw from the EU has already been taken. Consequently, all that is in issue is the authority to notify the EU of that decision, and to start the two-year period provided for in Art 50. That, the Government’s case goes, is a decision of high policy which is rightly in the Government’s hands, and not in those of parliament.
In an excellent blog post, Mark Elliott and Alison Young dissect and critique this framing of the litigation. They point out that it is difficult to identify who took the momentous Brexit decision, given that the referendum was advisory and…
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Utopia, you are standing in it! 
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