Given that the PM would have faced a tornado of criticism for triggering Article 50 without the referendum, sending the EU the equivalent of a constitutional "Dear John" letter, the decision that Parliament must be consulted prior to Article 50 being triggered seems the only logical conclusion.
The referendum was not binding so I am expecting the Supreme Court to reach the same conclusion when the inevitable appeal reaches them.
But this does present our elected representatives with a dilemma. Do they vote with their conscience (which would most likely result in Brexit being voted down), with their party whip (if the parties feel that they can whip a constitutional vote) or with their constituency (who in most cases are likely to deselect them if they ignore the referendum result)?
I don't normally feel sorry for MP's but a smidgen of empathy is creeping in for our elected oligarchy.
Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled. This means the government cannot trigger Article 50 of the Lisbon Treaty - beginning formal discussions with the EU - on their own.Theresa May says the referendum - and existing ministerial powers - mean MPs do not need to vote, but campaigners called this unconstitutional.The government is expected to appeal.
http://www.bbc.co.uk/news/uk-politics-37857785
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