To ask Constitutional Law experts their take on the Supreme Court ruling?

[Greta84]

www.bbc.co.uk/news/uk-politics-38720320

Does that mean if MPs say no there will be no exit from the EU?

Not a lawyer, but in terms of the parliamentary end of this one, aren't MPs representatives rather than delegates?

Dangerous precedent becomes established that they assume role of delegates, and separation of powers dissipate.

' but is subjugated to EU directives'
Did constitutional law five million years ago, but aren't there vertical and horizontal directives?
And the elected MEPs vote and decide on legislation, which I thought was democracy?.

" that they" should be "if they"

I'm curious at the assumption that because we are voting o it Brexit will now be a 'soft' Brexit. Surely all the government can guarantee at this stage is to negotiate for a particular set of outcomes, they can in no way guarantee it, as until we have initiated article 50 then serious negotiation with the rest of Europe can't get underway.

I would be very very surprised if the vote in parliament ends up going against initiating article 50. I'm not saying it won't, I'm just saying that to do so would be a massive risk.

Yes mumsnet was mostly remain, but the majority of the people who voted wanted to leave. Just because a lot of the people don't like it doesn't mean we shouldn't proceed. You just disenfranchise over half the population and something I think every politician will be aware, and possibly wary, of.

majority of the people who voted wanted to leave.
in an advisory referendum with no constitutional status.
You just disenfranchise over half the population and something I think every politician will be aware, and possibly wary, of
The franchise is still in place. MPs represent constituents, they are not delegates
Why should an MP be wary of being a representative?
Apart from the concern that their head might be blown off?.

Cordelia yes it is advisory but that doesn't mean you ignore the fact a majority of the people who voted made a decision. By disenfranchise I mean that in ignoring a result of a referendum you are in effect tainting the public. 'We'll ask you but do what we want'. But I think you knew that.

A referendum shouldn't have been called if government weren't willing to act on either response.

Voting to trigger a50 is a constitutional breach of the principle of the separation of powers.
And it would have very serious consequences, leaving the EU, might become the least of the effects.

Cordelia you are correct except about the vertical and horizontal directives. Directives can have vertical and horizontal effect. The real issue is that we have a dualist legal system so Parliament could have legislated contrary to any directive at any time. It just would have been illegal under EU and international law. But countries disobey international law all the time - the Government is frankly proud when we disobey the European Court of Human Rights. I do wonder whom they will blame after we leave.

I think about 1/3 of Labour MP's have publicly stated they will either vote against triggering Article 50 or abstain. if 2/3 of Labour MP's support Bill then I think that will be enough to pass Bill through house. Labour are damned if they do support Bill in Remain constituencies and damned if they do not support Bill in Brexit constituencies. UKIP will benefit the most. If a GE was called i'd bet UKIP would grab a lot of Labour seats as many voters would not feel happy with how their own MP voted and then parliament would be much further right wing. Better vote in agreement of Article 50 and keep more balance in parliament however May will call snap election and if she does Labour will be decimated and she will win as far more grass root Tory voters voted for Brexit and even though she was a 'Remainer' she did listen to result of public vote and cannot be accused of ignoring the result of referendum, so she will have made Tory voters happy.

Snap elections are a thing of the past. Please keep up.

Cecilede, so what's to stop the government introducing a bill to repeal the Fixed term Parliaments Act 2011, by a simple majority?

Nothing. Why would they? A majority seem in favour of the current government.

Given the current polls and state of the Labour party, an election today would give the Conservatives a majority of around 100. They will wait until the new boundaries are in place and then make it more.

Interesting article on how power will be repatriated from EU, not to parliament but to the executive.
Was that what the referendum was really about?
www.newstatesman.com/politics/staggers/2017/01/after-brexit-tories-can-sell-nhs-donald-trump