The Government has rejected increasingly strident calls from senior MPs from all parties that the House of Commons must have a vote about the basic elements of the government’s plans for Brexit. Downing Street asserts that, following the referendum result it is right and proper to proceed according to the mandate given by the people, using the royal prerogative. Thus parliament does not have to be consulted, although it will be kept informed. This is rejected by many because the referendum was advisory and has no legal force. At some point parliament will have to give it force. This could be with the putting into law by parliamentary majority of the Great Repeal Bill, but the argument now is about a vote before Article 50 is triggered.
This does not look as if it will go away. It will be a test of this government’s ability to give effect to its plans. The history of backtracking since May 2015 is pretty unprecedented. The issue is constitutionally complicated. Our unwritten constitution mostly relies on precedents, conventions and so on and this is a new experience. We joined the then Common Market with a parliamentary vote but no vote by the people. Brexiteers hope that we can leave on a vote by the people and not by parliament, because in both Houses the majority is for Remain. It is made even trickier by the fact that although the country (actually only England and Wales) voted for Brexit, Brexit can come in many different forms and means different things to different people. On both sides.