Theresa May’s autocratic way suffered a setback as the High Court ruled in favour of democracy and the people

 

When Theresa May became Prime Minister she declared, ‘Brexit means Brexit!’, a phrase that has become synonymous with the economic cliff that the United Kingdom has jumped off. Yesterday however, Brexit and Theresa May came into the spotlight once more with a High Court ruling that could represent the beginning of the end of her time in office.

On Thursday the 3rd of November, the High Court ruled in favour of a group of campaigners challenging Theresa May’s use of the royal prerogative in her Brexit strategy. The prerogative sought to bypass the need for parliamentary approval in the triggering of Article 50 of the Lisbon Treaty. Following yesterday’s outcome the royal prerogative has been lifted. The MPs of Parliament, barring any appeal by the Government, will now be the deciding factor not just in the event of us triggering Article 50 but if we actually trigger it at all. With the economy in the current state it is and the fall out not even close to being estimated, there is now the possibility that the 48 per cent plus the thousands of Begrexiteers (those who regretted voting Leave) may be about to start fighting back through the medium of democracy.

It must be remembered that despite the Referendum being a democratic vote by the people, 52 per cent of which voted Leave, it was still never going to be set in stone. In fact, by utilising the royal prerogative and taking away the power of Parliament, May took away an element of choice from the people.

The MPs were democratically elected to represent the people, so to take away their ability to vote on the laws of the nation takes away the people’s right to shape the face of the country. As such, the democratic principle under Cameron has been completely undermined by the autocratic behaviour of May. On page thirty-eight of the eighth edition of An Introduction to the Study of Law of the Constitution published in 1915 by A.V. Dicey it says: ‘Parliament has the right to make or unmake any law … no person or body as recognised by the law has the right to override or set aside the legislation of Parliament’.

Today’s High Court ruling has returned power, at least as regards Brexit, back to Parliament.

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