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Originally Posted by Mick
It's a thing because they are dictating the governments business and that should never be the case whatsoever.
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It should be the case. The Government is accountable to the law just as we all are.
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Iain Duncan Smith, and I have to be honest, I really don't like this guy for how he handled the benefit system for disabled persons when he was Secretary of State of DWP, but I did agree totally with what he said this morning on the news that the issue here with the ruling is, Sovereignty . Parliament voted overwhelmingly, 6 to 1 to hand the Sovereignty back to the people to decide via a referendum, that decision was made and the result was a Leave regardless if it was advisory, the Sovereignty existed with the people.
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Judges can only go on law and the legal arguments made by those in court. What the public thinks is irrelevant. Ian Duncan Smith, ironically since he called Keir Starmer a 2nd rate lawyer, doesn't seem to know that even the Government didn't think the referendum was a valid legal argument. Instead it centered around the technicalities of Parliamentary process.
Equally 'handing sovereignty back to the people' isn't a thing. It is Parliament which has the constitutional authority to implement and repel legislation. At no point have Parliament relinquished that power to 'the people' who instead elect representatives to Parliament.
To be honest I am not sure a referendum in the UK could ever be truly binding. Maybe if Parliament passed a bill that automatically became legal upon the passing of a vote. Although even then, legally, there would be nothing stopping Parliament from repealing that too.
Parliament is the authority there.