The Attorney General has argued that High Court judges consigned the EU referendum result “almost to a footnote” by ruling Parliament must vote on triggering Article 50.
Jeremy Wright QC will lead the Government’s Supreme Court appeal against the decision that the Prime Minister does not have the power to start the Brexit process alone.
Mr Wright, the Government’s chief legal adviser, said the judges who made November’s ruling were “wrong to relegate, almost to a footnote, the outcome of the referendum”.
He added in a legal argument submitted to the court that the issue “cannot be resolved in a vacuum” and said judges dismissed the public’s vote as “merely” a political event.
The submission was signed by Mr Wright and other lawyers, including Advocate General for Scotland Richard Keen QC.
They will seek to convince 11 Supreme Court justices to overturn the earlier ruling at the hearing beginning on Monday.
Investment fund manager and philanthropist Gina Miller, 41, brought the case which argued Parliament must be consulted before Article 50 of the Lisbon Treaty is enacted.