Skip to content
Tuesday 18 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,739.54
+0.18%
DAX
26,147.45
-0.73%
CAC 40
8,522.19
-0.67%
STOXX 50
6,474.56
-0.86%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Tuesday 06 December 2016 4:01 am

As the Supreme Court’s Article 50 hearing enters its second day, does it matter if the government loses?

By: Tim Worstall and Olly Kendall

Add as a preferred source on Google

Olly Kendall, managing director and founder of Westminster Public Affairs, says Yes.

The Supreme Court’s decision will turn Parliament into a powerful backseat driver, forcing Theresa May to reset the destination on the Brexit GPS.

The government is likely to lose its legal battle and when it does – particularly in the absence of a second public referendum on the result of negotiations – it will give Parliament the green light to probe and scrutinise the terms of the Brexit bill.

David Davis will hear from MPs on all sides of the House that our exit must be moderate. It will be a self-fulfilling prophecy: forcing UK diplomats to soften their stance while emboldening EU negotiators (“even your own Parliament doesn’t want to lose free movement of labour” they’ll tell us).

What's more, in the Lords, recent history teaches us that peers are only too willing to amend and throw back legislation to the Commons which they don't like – hundreds will vote down the bill to trigger Article 50, further weakening the government’s position around the negotiating table.

Tim Worstall, senior fellow of the Adam Smith Institute, and author of Chasing Rainbows: Economic Myths, Environmental Facts, says No.

The Supreme Court ruling on Article 50 doesn’t matter very much, no, on two grounds.

First, a vote in Parliament on its triggering can be done with a whipped bill, that bill possibly amounting to 50 or 60 words. It will quite obviously pass as such.

The second ground is the more interesting one. The European Union loves to insist that it is a law-based organisation but this is not in fact true. It is one based upon what is convenient for the project. When referendums in Ireland and France went the “wrong way”, fudges were made and that ship of state sailed on.

The British desire is obviously to leave and not a few over the Channel will be glad to see the back of the awkward squad. Thus leaving is going to happen whatever the Supreme Court decides – and thus their decision is of little importance. It might be a procedural detail but it’s not going to affect the end state.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Politics

Trending Articles

  • As it happened: FTSE 100 drops as oil prices rise after Trump makes Hormuz threat

  • US bond market jitters spark UK economy recession warning

  • Monzo chair makes early exit after boardroom rift

  • Aldi boss wades into supermarket ‘price-gouging’ row

  • New Premier League rules could see £11bn invested into new stadiums

More from Morning Wire

  • Top court ‘opens the floodgates’ for part-time workers’ claims

    Lawsuit
    Supreme Court building under clear sky, symbolizing justice and authority, relevant to recent judicial news coverage
  • Nigel Farage asks the crudest question: are you with me or against me?

    Opinion
    Nigel Farage speaking at a podium during a press conference, addressing current political issues and public concerns
  • Three ways Andy Burnham can avoid Keir Starmer’s mistakes

    Opinion
    Andy Burnham, Mayor of Greater Manchester, speaking at an event
  • Farage quits to stand in ‘people versus establishment’ by-election

    Politics
    George Cottrell and Nigel Farage engaging in a conversation at a political event, both dressed in formal attire.
  • Emergency government meeting held over high temperature amid ‘strain on public finances’

    Economics
    Aerial view of dry, brown farm fields affected by high temperatures, with a road and farm buildings.
  • UK debt ‘hits £3 trillion’ milestone

    Economics
    Houses of Parliament in Westminster showcasing historic architecture under a clear sky, central to UK government and politics
  • Government urged to refuse £1bn British Steel repayment to Chinese former owner 

    Politics
    Labour's Jonathan Reynolds unveiled the industrial strategy in June.
  • A pragmatic plan for Thames Water

    Opinion
    Thames Water infrastructure with pipes and maintenance workers, highlighting water management efforts in London
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook