Should public opinion determine policy?

Finally, and coming back to Brexit, the big question is will the UK Supreme Court uphold the High Court ruling? While only time will tell, those interested in the legal position might note that Oxford Emeritus Professor John Finnis, a leading legal philosopher and constitutional expert - and Australian expatriate - has recently questioned the reasoning of the lower court, that only Parliament can take away the legal rights it created (‘Terminating Treaty-based UK Rights: A Supplementary Note’, Judicial Power Project, November 2nd 2016).

To a non-expert his argument, which examines laws governing the repeal of other statutory rights created to facilitate the European Union, seems, on its face, compelling.

It may not be needed; according to the latest BBC reports, Prime Minister Theresa May is said to have a ‘three-line bomb proof’ Bill ready and waiting if the appeal should fail. This is a dramatic and as yet mysterious claim, likely to fuel a good deal more speculation in the media, the Inns of Court and in the Westminster corridors of power.