May fought the law, and the law won

Yesterday, at the Appeal Court, all 11 appeal judge gathered to deliver their judgment on the legal challenge to the Government whether it had the prerogative rights to trigger Article 50 without Parliament's approval.

The Government lost on an 8-3 split, and on the surface that would seem to be a bad result for the PM. But in other judgments, they also ruled that the PM need to seek approval from the devolved institutions, that would have been a major problem.

So instead of attacking the judges, most comments were of approval, well, except from the Daily Mail, of course, but this means that forever now, where a repeal of a law of change in a treaty that loses citizens their rights, will have to be by a law passed by Parliament; the power of the executive has been reduced forever.

The Government will have to publish a draft bill, and today, not only that but will also publish a White Paper which can be debated, and maybe the bill itself could have clauses added. Or not. Or, as has been suggested, the bill could give Parliament the right to stop the process after Article 50 has been notified, thus making the final Parliamentary Approval not just a Hobson's Choice, but a real one with power.

This was not just a victory for the lead case, but to all of us who helped crowdfund the original case. Ordinary people, challenged the executive on a point of law, and won. It might be a hollow victory in this case, but the power is gone, limited, defined for ever.

Legally, the Government does not have to consult or seek the approval from Wales, Northern Ireland or Scotland, but it cannot ignore them either, as this would almost certainly lead to the break up of the Union, and would that be a price worth paying for Brexit? Even before then, scrutiny will put costs to the pain coming from any Brexit plan, and in time, some remorse, maybe even enough to cancel the whole folly will happen. Or not.