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But this is only an assumed premise, and judges in the majority went out of their way to state that they did not necessarily agree with this assumption, which had not been argued, and one dissenting judge described it as “possibly controversial”.
Although this duty was first laid down by that redoubtable conservative Edmund Burke, Europhile Tories other than Ken Clarke seem reluctant to do it. Its policy in the lead-up to a referendum that the Supreme Court now confirms had no legal effect, was to remain.
That is also the policy of the Liberal Democrats and the Scottish National Party.
The Supreme Court justices acknowledged the case has stirred up 'strong feelings' throughout the nation and vowed to stay impartial as they consider whether the Government has the power to trigger Britain's departure from the EU.
End of round one: Remain figurehead Gina Miller is seen leaving the Supreme Court after the first day of a legal challenge against the court ruling that the Government needs Parliamentary Approval to formally leave the EU Legal battle: Earlier today Mrs Miller stood on the steps of the Supreme Court flanked by two security officers (far left and far right) as the Government demanded judges overturn a ruling that Parliament must hold a vote before Britain's exit negotiations can begin The Government is again being represented by Attorney General Jeremy Wright QC, left, and so-called 'Treasury Devil' James Eadie QC, right, who warned Parliament voted to hold an EU referendum knowing it would be for Britain to decide on June 23For the Government, James Eadie QC said the Royal Perogative was 'a long-standing, well-recognised set of powers firmly established in our constitutional arrangements' which were 'fundamental to our constitution and essential to effective government'.
But its core decision is that the determination must be made by both Houses of Parliament.