28 votes

Proroging parliament was unlawful

Posted by DanBC
Tags: united kingdom, politics, brexit, prorogation, supreme court

The UK Supreme Court just ruled that the prorogation of parliament was unlawful, which means it didn't happen.

https://www.supremecourt.uk/cases/uksc-2019-0193.html

https://www.bbc.co.uk/news/uk-politics-49810261

This is a pretty big deal.

It's hard to see how Johnson can continue as PM.

6 comments

  1. [6]
    Greg
    (edited )
    Link
    A unanimous decision, no less. I'm very pleased to see this result - I make no secret of my dislike for the Brexit process and how it's been handled, but this goes far above that into the heart of...

    A unanimous decision, no less. I'm very pleased to see this result - I make no secret of my dislike for the Brexit process and how it's been handled, but this goes far above that into the heart of our constitution and the rule of law. Maybe this will affect the Brexit outcome, maybe it won't, but it allows Parliament to have their say either way. That's immensely important regardless of outcome, and the precedent it would have set in the opposite direction was genuinely chilling.

    This is a resounding statement that nobody is above the law, not even the Prime Minister. It's a statement that needed to be made.

    [Edit] On a somewhat lighter note, a friend has also just pointed out that this means Mr Johnson is now obliged to have a rather... pointed meeting with the Queen where he will no doubt be asked to explain why the Supreme Court has just ruled that he lied to her face regarding an important matter of state.

    16 votes
    1. [5]
      Death
      Link Parent
      I'm guessing the effects are going to become clear in BoJo's next move. People have pointed out that he can simply prorogue parliament again but if the opposition moves fast they could still try...

      I'm guessing the effects are going to become clear in BoJo's next move. People have pointed out that he can simply prorogue parliament again but if the opposition moves fast they could still try and block him from running out the clock on a no-deal Brexit.

      6 votes
      1. [4]
        Eric_the_Cerise
        Link Parent
        American here, asking the Brits... So, technically Johnson doesn't prorogue Parliament; the Queen does, upon his recommendation. Everything I've read says this is purely a formality, but I have to...

        American here, asking the Brits...

        So, technically Johnson doesn't prorogue Parliament; the Queen does, upon his recommendation. Everything I've read says this is purely a formality, but I have to wonder, if he just doubles-down and does it again ... is there any realistic chance the Queen would step up and say, "not this time, Boris"?

        5 votes
        1. Greg
          Link Parent
          Adding to what @mat quite rightly said, one of the side effects of this whole situation is shining an uncomfortable light on the role of monarchy in the UK. The status quo has been one of polite...

          Adding to what @mat quite rightly said, one of the side effects of this whole situation is shining an uncomfortable light on the role of monarchy in the UK. The status quo has been one of polite understanding that difficult questions won't be asked just so long as everyone stays within their respective lanes - forcing the courts to negate an action taken by the Queen brings those questions unavoidably to the fore.

          A previous BBC article on the subject put it well:

          How well was the Queen advised? Should the Palace have pushed Downing Street harder as to the reasons for the prorogation? The Queen has been drawn into the Brexit mire, and the questions now go to the heart of her constitutional role.

          If she has no discretion at all over prorogation, what is her constitutional purpose? If she has discretion, when would she use it? Traditionally politicians step very carefully around these issues so as not embarrass the Queen and upset the constitutional order. But these are far from traditional times.

          9 votes
        2. mat
          Link Parent
          None whatsoever. Her Maj is strictly ceremonial when it comes to exercising actual power. Things are a little unclear because y'know, unwritten constitution and all that - but the general...

          None whatsoever. Her Maj is strictly ceremonial when it comes to exercising actual power. Things are a little unclear because y'know, unwritten constitution and all that - but the general consensus is that if she did actually do any of the things she's technically allowed to do (which is pretty much anything she wants) that would cause Parliament to basically dissolve the monarchy, which it has the power to do.

          I don't know quite what goes on in the private meetings between the Queen and the PM (which they have regularly), but I expect things are pretty fucking frosty right now. Imagine having the actual Queen angry with you..

          8 votes
        3. Micycle_the_Bichael
          Link Parent
          Adding to what others have said, here is an article from the BBC yesterday talking about this. @Greg and @mat in case you're interested :) It isn't the most detailed, but it is something.

          Adding to what others have said, here is an article from the BBC yesterday talking about this. @Greg and @mat in case you're interested :) It isn't the most detailed, but it is something.

          2 votes