British parliament has a right to vote

In the more than four months since Britons narrowly voted to accept the so-called ‘Brexit’ option and decided in a June 23 referendum to leave the European Union, little has been put forth by the British government to confirm that it had indeed any actual plan for that electoral eventuality. The government of UK Prime Minister Theresa May has only indicated that it would trigger Article 50 of the Lisbon Treaty by end of next March. That clause is the only means by which Britain can leave the EU, and it serves formal notice to the other 27 members of the bloc that it wishes to leave, and sets the clock ticking on a two-year negotiation period to finalise the terms of separation.

From the very beginning, when former UK Prime Minister David Cameron offered the possibility of a referendum on European membership some three years ago, the poll itself was a consultative process. Under British constitutional tradition, parliament retains the ultimate arbiter. Last week, in a London courtroom, three High Court judges ruled on a petition asking for Members of Parliament to decide when Article 50 should be triggered. In effect, the ruling allowed MPs to decide if and when Brexit should take effect.

The ruling itself set off howls of media headlines, with some of the more lurid and populist newspapers referring to the judges as “Enemies of the State”, or in true tabloid terms: “Who did EU think you are?”.

The independence of the judiciary, free from political influence or the baying of press hounds, remains an important pillar of the British system — and all democracies. For these judges to be attacked in such a manner undermines the institutions of democracy and is a serious affront to independence.

The ruling, which is subject to appeal to the Law Lords in the Supreme Court, does now allow MPs to have a say on the referendum result. In part, that this entire mess reached this stage, has to do with a decision made by May herself: Early into her tenure at 10 Downing Street she decided that MPs would not have a vote on the outcome of the referendum and when to trigger Article 50. Her lack of clarity — and absence of a clear plan — helped bring us all to this point.

No one can say for sure if a majority of MPs would actually refuse to trigger Article 50. What can be said is that Brexit is a mess that ought never to have happened. And you can thank David Cameron for that.