For once, a cliché is justified: the government’s appeal to the Supreme Court next week really will be a landmark case. The underlying issue could not be greater: the political future of the United Kingdom and its relationship with the European Union. The number of judges could not be greater either: 11 is the largest panel to have heard a single appeal, not just since the court was created seven years ago but since its predecessor was established in 1876. But perhaps the greatest issue at stake is the reputation of the judiciary, at a time when judges are under attack as never before.
Nigel Farage had threatened a 100,000-strong march on the Supreme Court. He has since changed his mind, but there will be no shortage of drama. Theresa May’s case is that her government does not need a vote in Parliament to give formal notice of its intention to leave the European Union. The people voted on 23 June, she said, so that’s that. An investment fund manager named Gina Miller disagreed, and took her to court. Only Parliament can take away rights that Parliament has granted, she said: in this case, through the 1972 Act that took Britain into what is now the EU. The High Court upheld her complaint last month, to the fury of Mr Farage and others who see a plot to sabotage Brexit.
The next stage is an appeal to the Supreme Court, which has set aside four days for the televised hearing. There will be quite a cast: the court has agreed to consider representation from the SNP-led Scottish government as well as an outfit called the Independent Workers Union, both of which oppose Brexit. The show is certain to end on a cliffhanger, with the ruling not expected until the new year. All told, we are set for a courtroom drama the like of which Britain has seldom seen before.
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