Polly Toynbee writes: A momentous constitutional decision was taken by the high court of England and Wales this morning. A prime minister’s absolute power to do what they like, when they like, regardless of laws and treaties, was struck down. Theresa May cannot tear up our right to be EU citizens without the authority of parliament. Those rights were bestowed by parliamentary votes in a series of treaties. She can’t high-handedly abandon them and trigger our exit from the EU without parliament’s agreement.

Judges, wisely, do not generally want to usurp the power of elected governments to govern. Laws made by judges are a poor substitute for those made by elected MPs in parliament. But this is a matter of the profoundest constitutional importance, with deep implications, controversial whichever way they had decided. They rightly pronounced that parliament is sovereign – which is what the Brexiters claimed we were voting on, until it no longer suited them.

What now? The government will appeal to the supreme court in December, though some suggest May should dash to the Commons immediately for a quick vote, before an as-yet hazy coalition of cross-party remainers has time to organise and solidify. If the appeal fails, will MPs galvanise? Leaving it to the unelected Lords is no answer.

There are times when MPs need to rise above their party interests, their own interests and the views of their constituents. That may risk being voted out, but they may earn more respect by standing up for the national interest as best they can determine: that’s what representative democracy is for. In times of war or national crisis, defending the country from grave error, at whatever personal cost, is their duty. Brexit is the greatest threat to national wellbeing since the war, and this will test the mettle not just of individual MPs, but of the nature and purpose of a representative democratic system. [Continue reading…]