What should the next steps be in the battle between Parliament and the people?
First, Boris should appoint about 500 peers who are committed to leaving the EU. The House of Lords is dominated by Remainers and the appointment of additional peers should ensure that representation of Leavers and Remainers in the Lords is the same as in the 2016 referendum, namely a small majority in favour of leaving.
No doubt there will be the usual hyperbole about a coup and dictatorship, but the appointment of peers is morally justified because it will help to ensure that the Lords cannot defy the referendum result, when the people were acting through a constitutionally valid referendum authorised by Parliament itself.
In our system, as our greatest constitutional historian Dicey pointed out long ago, the political sovereign is the people and the legal sovereign is Parliament.
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