The High Court’s ruling on Article 50 has the makings of a constitutional crisis

This has the makings of a constitutional crisis – a potential stand-off between the Government and the courts. It is not about whether the UK can or should leave the EU. Unless Parliament takes a different view, that issue has been settled by the recent referendum. The question is: does the Government have the power to start the withdrawal process, or does it need the express permission of Parliament first? The High Court says it does – so far, the Government has disagreed.

The Government has been given permission to appeal. If the appeal proceeds, we anticipate that it will “leapfrog” the Court of Appeal, and be heard by a full panel of Supreme Court judges in December. We also anticipate that the Scottish and Welsh governments will apply for permission to intervene, so that their arguments can be heard as well. It is also at least possible that the parties in the recent Northern Irish Brexit related case will also apply for permission to intervene, so their arguments can be heard at the same time.

The Supreme Court might hand down its decision before the end of the year – although with so many parties, and so much at stake, this cannot be guaranteed.

Chris Finney, Partner at Cooley LLP

London

Three events in just 20 hours have summed up the folly of Brexit.

Firstly, the High Court has ruled that Article 50 cannot be triggered without a vote in the British Parliament. Quite right too. To pretend that Brexit was about returning sovereignty and then attempting to prevent the Houses of Parliament from making all final decisions is contemptible.

Secondly, the most potent architect of Brexit has let the cat out of the bag by boldly declaring that Britain will “make a Titanic success of Brexit”. In those few words Boris Johnson has neatly summed up the whole thing. The Titanic is a perfect metaphor for overreaching and blind confidence. No wonder George Osborne only needed two words to deflate Johnson: “It sank.”

Thirdly, Theresa May’s posturing over poppies and football shows that she has not understood how best to honour and commemorate all those who laid down their lives into two world wars. Winston Churchill led the way after the Second World War by being a driving force in the creation of an organisation that would replace wars with peace: the European Union. The best way of honouring all those who died is to keep Europe united, with us in it.

Christian Vassie

York

Parliament now has the opportunity to both respect the referendum and act in the country’s best interest. The Government should approve Article 50 on the condition that the terms negotiated are approved by Parliament and it reserves the right to call for a confirmatory referendum. This will not tie the Government’s hands in negotiations but will prevent them being out negotiated.

Jon Hawksley

London

Earlier this year we had Michael Foster attempting an expensive High Court challenge to the inclusion of Jeremy Corbyn on a ballot. Now Gina Miller – obviously upset about the referendum result – has similarly now gone to court, clearly to inconvenience and limit the Brexit decision as much as possible. You can’t help wonder if this country still had its post-war consensus progressive tax system, would we be in this much danger of slipping into a situation of being governed by the money of hedge-fund managers and advertising professionals?

Gavin Lewis

Manchester

Your editorial (Saving on the social care bill has caused long-term pain for the NHS, 3 October) is accounts for only part of the problem. One of the ancillary factors that you mention is the difficulty of getting GP appointments, but you do not pause long enough to ask why that might be and what must be done to resolve the problem.

A priority ought to be allowing GP’s and their staff to do their primary tasks without the pernicious and pervasive managerial distractions and political ‘must dos’ that infest the whole NHS and torment the people actually doing the useful clinical work.

My personal experience suggests that each full time GP could gain between one and two hours per day to see patients if allowed to be full time clinicians and not hoop jumping and box ticking.

Steve Ford

Haydon Bridge

As the polls indicate a close result between Trump and Clinton, the world looks on in disbelief. It is now actually possible that the graceful and dignified President Obama could be followed by the coarse, arrogant, sexist Donald Trump, a man of childish volatility, a man whose idea of oratory is to call his opponent “crooked”, whose idea of leadership is to whip his followers into yelling “lock her up!” with unspeakable venom and hatred.

America will be embarrassed, belittled and humiliated if this awful man becomes their president.

Penny Little

Great Haseley