The case of Santos and M v Secretary of State for Exiting the European Union (CO/3281/2016 and CO/3809/2016) (“Santos“) was heard in the High Court this week by the Lord Chief Justice, the Master of the Rolls and Sales LJ. Santos has been called “one of the most important constitutional law cases ever decided”. The High Court – and presumably the Supreme Court by the end of the year – has been asked whether the Government’s prerogative powers will permit it to make the decision to leave the European Union and then notify this decision to the European Commission (the two stages are frequently conflated into a single “invocation” process). The case has been presented in some quarters as an attempt to prevent Brexit or overturn the referendum, but is in fact an attempt to increase Parliament’s involvement in the process of Brexit. The…
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Utopia, you are standing in it! 
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