Incredibly interesting. The penny dropped here for me over the quandary.
The government says the royal prerogative will suffice. What this means in practice is an executive act ofTheresa May, the prime minister. Now that last bit is the kicker, when you take into account the closing remarks in the article...
But one can also stand back from the legal detail and ask the question, should parliament have a say? The court will, for sure.
When I do that, I arrive at the following: in another world, the Conservatives select not Mrs May but another leader. And in that other world, that other leader takes a different view as to the quality of the mandate given by the referendum. Recognise that possibility and then contemplate its consequence: responsibility for the most profound decision in the recent life of our nation is a matter of the personal preference of one individual. When you see that, you see how compelling is the argument that the decision must be one for our elected parliament.
The government says the royal prerogative will suffice. What this means in practice is an executive act of Theresa May, the prime minister.