Of course you don’t need the Secret Barrister to tell you Iain Duncan Smith is a waste of space whose ideas are dangerous to the people of the UK – you know he was Work and Pensions Secretary for nearly six years, responsible for thousands of deaths (although yet to be punished for them).

The Huffington Post provides a commentary on the situation here – I mention it because I took the image (above) from the Twitter link.

I was drawn in by the following tweet, detailing what Mr Duncan Smith said in an interview after the Supreme Court’s Brexit ruling:

I responded:

For those who don’t know, our system in the UK relies on the separation of powers between the legislature (Parliament), the executive (the government of the day) and the judiciary (the courts).

Parliament has a legally unchallengeable right to make whatever laws it thinks right. The executive carries on the administration of the country in accordance with the powers conferred on it by law. The courts interpret the laws and see that they are obeyed.

The Supreme Court, today, conferred its judgement on a legal challenge to the plans of the government. While the court judged, the laws on which it based its judgement were passed by Parliament – and the government must obey the will of Parliament, for the reason stated above: its administration of the country is “in accordance with the powers conferred on it by law”.

So Mr Duncan Smith’s comments are drivel. Nobody suggested that the Supreme Court has primacy over Parliament because it was interpreting the will of Parliament in accordance with its duty.

The Supreme Court is not self-appointed. It was established by Parliament by section 23 of the Constitutional Reform Act 2005. Mr Duncan Smith may well have voted on the legislation himself.

Split judgements in Supreme Court cases are commonplace.

The court did not tell Parliament how to run its business – indeed, it relied on Parliamentary decisions to inform its own. Instead it reminded the government that its power to act unilaterally is limited; the law, made by Parliament and legally unchallengeable, means it must bring any decision on leaving the EU back to Parliament.

There are, therefore, no constitutional issues. The Supreme Court was acting entirely within its rights.

And Iain Duncan Smith is an idiot, along with anybody who agrees with him on this.

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