Prorogation of Parliament was wrong, Supreme Court judges rule – and Parliament may resume NOW
Judges at the Supreme Court have ruled that Boris Johnson’s five-week prorogation of Parliament was unlawful – he was legally wrong to do it and MPs must meet again at their earliest opportunity.
By unanimous judgement, all 11 Supreme Court judges overruled the High Court to say that the courts may rule on whether the prorogation was legal.
They said prorogation would be unlawful if it frustrated or prevented unreasonably the ability of Parliament to act as legislature and hold the Executive – the government – to account.
If it did, there was no need for the court to consider if the Prime Minister’s motive was unlawful.
Baroness Hale, president of the Supreme Court, said this was not a normal prorogation; it prevented Parliament from carrying out its role.
Parliament has a right to a voice in how Brexit comes about. No justification for taking action to stop Parliament from doing so has been brought forth.
The court is bound to conclude, therefore, that the decision to prorogue Parliament was unlawful, void and of no effect because it stopped Parliament from carrying out its constitutional functions without justification.
The prorogation is also void and of no effect.
Parliament has not been prorogued and it is for Parliament to decide what to do next, including meeting as soon as possible.
The Prime Minister need not take any further action in this matter.
This is an enormous defeat for Boris Johnson. He has wasted Parliament’s time since September 9 and MPs will certainly have something to say about it when they reconvene – in the very near future.
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Wow! What now for Boris, and more importantly for Brexit? I wonder if he’s got any more tricks up his sleeve or whether he will now stand down and resign as PM?
I expect Her Madge is not amused and has made arrangements for Boris with the Tower of London.
Off with his head!
The judgment and the summary thereof:
https://www.supremecourt.uk/cases/docs/uksc-2019-0192-judgment.pdf
https://www.supremecourt.uk/cases/docs/uksc-2019-0192-summary.pdf
The Supreme Court’s judgment and summary:
https://www.supremecourt.uk/cases/docs/uksc-2019-0192-judgment.pdf?fbclid=IwAR2wsVyPfJCy67wlQcuNzAMsCcHLdTu-8t11kyhnCJZ7j9aZ6nye96IzLOs
https://www.supremecourt.uk/cases/docs/uksc-2019-0192-summary.pdf?fbclid=IwAR3-xy-Q4UEAY9CctwgE3ZM0Ljk9kd0Ks1a0CJTtTVewFZgb1q4VeIgaYSY
Brought down by those that voted him in? Perhaps they had their fingers crossed when they voted him the poisoned chalice of Brexit.
The European Project has been a poisoned chalice that has brought low many a Conservative Prime Minister. Did Edward Heath inadvertently sow the seeds of the Party’s inevitable destruction?
“the European Project” – maybe it’s all just work in progress, if we leave the EU now it doesn’t mean that future generations won’t have another referendum to re-join, they might do, or maybe the EU itself will have changed into something else by then, perhaps in the future a time will come when there is a World Union or a Global Government, maybe in centuries to come. After all, even Democracy is seen by the Neo-Platonists as just work in progress, an imperfect system that is the best we can do for the time being until a new ‘Golden Age’ is established.