1. The decision to leave the EU was NOT made by the electorate nor by Parliament but by the PM alone relying on the result of the referendum and for purely political reasons: this is in breach of the U.K’s constitution.
2. Supreme Ct in Miller didn't specify how the UK should leave the EU, and the Government has obfuscated to create an illusion of a Parliamentary decision. However in reality the Notification Act 17 changed nothing. PM always had power to notify once a valid decision was made.
3. Without doubt an intention to leave the EU was birthed after the referendum which was a shock as the party canvassing for this eventuality only ever achieved 12% of votes.
A minor issue was magically blown up to centre stage overnight.
This on a backdrop of the PM, David Cameron, promising to deliver the result of the referendum, despite the fact it was unlawful for him to do so in the event leave won.
Shocking as this may seem, Cameron's remain credentials aren't above reproach.
When agreeing to give permission for a Judicial Review recently on whether Article 50 can be revoked, the Scottish court highlighted points which made our ears prick up.
1/6
Firstly they dealt with permission. The government is relying heavily on the fact we brought the claim out of the 3 month rule for Judicial Review. The court makes it clear, matters of constitutional importance deserve exceptional status and should be heard.
2/6
Then they dealt with article 50 itself & laid out in sequence how it works. We know parliament voted to pass a bill which gave power to the PM to notify. However that bill contained no decision. Article 50 makes it clear para 1 a decision has to made, next step notification.