From a longer article by Dominic Grieve in the New Statesman:
‘The principle enshrined in our constitution since the seventeenth century and indeed earlier, that the Royal Prerogative cannot be used by the executive to override statute law enacted by Parliament is of such a fundamental character that its disappearance here would pave the way for the possibility of executive tyranny.
‘Our membership of the EU is underpinned by statute law. Brexiters may dislike the fact that this ever happened, but this was sanctioned by the sovereign will of Parliament when it enacted the European Communities Act in 1972. It is for Parliament to undo it and even if the government had won the case it could not carry out its task without parliamentary support.
‘The strength of the anger expressed by some supporters of Brexit and whipped up by sections of the press is thus irrational save as an instrument for suppressing debate. Despite the misgivings of many MPs that Brexit will be damaging to our economic wellbeing and quality of life, very few are likely to oppose Article 50 being triggered when it is done lawfully. But Parliament is entitled to be told what the government’s negotiating intentions will, in broad terms, be before it gives its consent to an irreversible process that could see us out of the EU with no agreement at all, contrary to the government’s stated intention.’
Source: New Statesman
7 November 2016