Power, Parliament and Prerogative
Pitting the power of the Government executive, against that of Parliament, and the Judiciary, an action of profound constitutional importance has been commenced in the High Court. The action seeks judicial review of the decision to invoke Article 50 without Parliamentary approval. The Government’s case rests on applying ‘royal prerogative’ (essentially a form of delegated authority); whereas the applicant’s case rests, somewhat aptly, on European rights. Whereas the outcome will test the relative powers of our decision making bodies, will it make a practical difference? Firstly, regardless of the result, the decision will almost certainly be appealed. Secondly, would Parliament really run a different course to Government if given the choice? Probably not. Delay might be the principal outcome.