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UK Supreme Court Rules Proroguation of Parliament 'Unlawful'
BBC ^ | BBC

Posted on 09/24/2019 3:14:29 AM PDT by sinsofsolarempirefan

Boris Johnson's decision to suspend Parliament was unlawful, the Supreme Court has ruled.

Mr Johnson suspended - or prorogued - Parliament for five weeks earlier this month, saying it was to allow a Queen's Speech to outline his new policies.

But the court said it was wrong to stop Parliament carrying out its duties in the run-up to the Brexit deadline on 31 October.

Downing Street said it was "currently processing the verdict".

(Excerpt) Read more at bbc.co.uk ...


TOPICS: Breaking News; United Kingdom
KEYWORDS: brexit; britain; eu; parliament; uk
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To: david1292

Let’s have a Brexit re-vote, on the grounds that we are actively sabotaging the results of the referendum. Boy, that’ll sure sell in Sussex.


61 posted on 09/24/2019 8:50:04 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: nwrep

Absolutely. Remainers will make sure they win. No way they let Brexit win again.

It’s how the left views democracy. Keep voting until you get result you want.


62 posted on 09/24/2019 8:51:46 AM PDT by david1292
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To: Eleutheria5

The fixed term parliaments act was due to the alliance between the Liberal Democrats and the Conservatives. As a promise that they wouldn’t split up before 5 years, David Cameron implemented this act


63 posted on 09/24/2019 8:54:17 AM PDT by Cronos (Re-elect President Trump 2020!)
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To: Cronos

Whatever the reasons and context, this is self-immolation. Stupid. We just had two elections in less than six months in Israel. It was rough, and the results of the second election are not exactly palatable, but we won’t have a third election because we don’t want a third election. There’s no need to pass any act over that. We can have a new election every day before breakfast, if it pleases us, and it doesn’t, so we don’t.


64 posted on 09/24/2019 8:57:51 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: Eleutheria5

This act was passed in 2011 - 8 years ago. No one saw the consequences then.


65 posted on 09/24/2019 9:04:00 AM PDT by Cronos (Re-elect President Trump 2020!)
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To: Cronos

The conventional view is that the monarch is bound to follow the advice of her Prime Minister unless she is advised that to do so would be unconstitutional. That’s what she’s now been told.

For me, the most striking thing about this, apart from the judgement itself, is the unanimity - all 11 judges concurred. That seems to me to scotch any temptation to view the judgement as politically motivated. If there was a split, majority verdict, you would expect allegations of a vote split on political lines. But all 11?

The British judiciary is traditionally small-c conservative by temperament and unpolitical. If all 11 Supreme Court judges are born-again remainers or ‘globalists’ (whatever that means), then I’m a banana.


66 posted on 09/24/2019 9:20:42 AM PDT by Winniesboy
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To: sinsofsolarempirefan; All

BOJO BLOW Supreme Court – What happens next? Brexit could be delayed and Boris Johnson may face confidence vote after sensational ruling

Natasha Clark
24 Sep 2019, 12:49Updated: 24 Sep 2019, 16:11
the sun (uk)

https://www.thesun.co.uk/news/9994045/supreme-court-ruling-what-happens-next-brexit-could-be-delayed-and-boris-johnson-may-face-confidence-vote-after-sensational-ruling/


67 posted on 09/24/2019 9:47:07 AM PDT by SteveH (intentionally blank)
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To: david1292

They can re-vote on Brexit but you and I know that unless they win, they will want yet another Brexit vote.


68 posted on 09/24/2019 10:07:38 AM PDT by FlipWilson
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To: Cronos

I could have told them.


69 posted on 09/24/2019 10:34:47 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: Cronos
parliament is sovereign, not the people

LOL. So so sovereign, they're working their damndest to prorogue an election!

A parliament is only so sovereign as it has willing subjects.

70 posted on 09/24/2019 10:39:33 AM PDT by aspasia
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To: Eleutheria5

But anyway, Johnson can use the strictures of this dumb law to torment the remainders until they yield. I’m sure he can find 1001 ways to do that. It’ll be like being stuck on a small lifeboat together with a practical joker who has a suitcase full of tricks, and stubbornly refusing to row towards shore. Sooner or later, they’ll have to either pick up that oar or jump over the side.


71 posted on 09/24/2019 10:44:41 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: Cronos; All

during my first skimming, one paragraph jumps out at me

“For present purposes, the relevant limit on the power to prorogue is this: that a decision to prorogue (or advise the monarch to prorogue) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In judging any justification which might be put forward, the court must of course be sensitive to the responsibilities and experience of the Prime Minister and proceed with appropriate
caution. “

And within that paragraph in particular the phrase “without reasonable justification” stands out.

The problem, at least as I see it, is what is the definition of “reasonable”?

The judiciary has elected to step in and define this term on behalf of parliament.

OK, parliament is sovereign. but what does that mean? It means that parliament makes its own law to govern the nation and to govern itself. How does it govern itself? It uses a PM who is entrusted with certain responsibilities, including the responsibility to determine when to prorogue parliament. So the court was asked to step in on parliament’s self-regulation. That seems in error to me.

Beyond the use of the term “reasonable” is the use of term “extreme” in the next paragraph. Extreme by whose definition? This all seems subjective to me and is why i consider the supreme court’s decision politically motivated. The only political motivation that occurs to me at this moment is that the court— yes, every one of them (who needed extra convincing)— is controlled by globalists.

Looking to the future, how will future UK PMs ever prorogue parliament in cases just like this, in which parliament is actively interfering with international diplomacy being carried out by the PM?

I think the supreme court is wrong and rather than congratulating themselves on how they saved the UK they should have focused on how the could avoid dooming the UK to future rounds of similar legislative-cum-diplomatic crises in the near future.

The entire UK parliamentary system seems creaky and in need of an overhaul, otherwise there it is an open invitation to more judiciary meddling in UK politics.

(And now unfortunately for the EU, it has to deal with this newly enlarged mess. UK and EU businesses must be reeling even more than before from the uncertainty in the markets...)


72 posted on 09/24/2019 11:58:35 AM PDT by SteveH (intentionally blank)
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To: Cronos

Tablet instant and perhaps pc spell check


73 posted on 09/24/2019 2:41:33 PM PDT by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: sinsofsolarempirefan
I knew how the court would vote the second I saw the British Hitlery™ wannabe, Lady Hale the Head Justice:

The Globalist Swamp is in full effect ...P.S. What is it with fascist women an gaudy broaches ?

74 posted on 09/24/2019 9:12:11 PM PDT by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING!)
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To: SteveH
It uses a PM who is entrusted with certain responsibilities, including the responsibility to determine when to prorogue parliament

Up to a point, Lord Copper. The Prime Minister is indeed entrusted with those responsibilities, but he is entrusted in the expectation that the precedents and conventions in the exercise of those responsibilities will be respected. In the case of prorogation, those conventions are that prorogation is a formality applied by consent after discussion with all parties, and lasts for only a few days prior to a new session. If, as in this case, there was no discussion, no consent and the prorogation was of unprecedented length, then it's reasonable to question whether the trust placed in the Prime Minister has been abused.

75 posted on 09/25/2019 12:55:58 AM PDT by Winniesboy
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To: SteveH
The only political motivation that occurs to me at this moment is that the court— yes, every one of them (who needed extra convincing)— is controlled by globalists.

Really? All eleven of them?

The probability of that being the case. already extremely low for a variety of reasons, disappears to near zero with the unanimity.

The British judiciary is traditionally apolitical and temperamentally conservative. Of course it's impossible to prove one way or another that individual judges, when trying Judicial Reviews of government actions (a well-established procedure, by the way, though until now mostly on relatively minor issues, such as the pension rights of Gurkha soldiers, compensation for land compulsorily purchased for the HS2 high-speed rail line etc) might be swayed in part by their own political views.

But that eleven of the country's most senior judges, representing all three UK jurisdictions, should all be so swayed in the same direction at the same time over an issue on which all sections of society are deeply divided, strains credibility beyond breaking point.

76 posted on 09/25/2019 1:16:26 AM PDT by Winniesboy
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To: Eleutheria5

That was the advantage of a parliamentary government. Unfortunately, the coalition government, in its infinite wisdome, decided to pass the fixed term parliament act, which scrapped the royal prerogative power to dissolve parliament and call an election, and now our remainer parliament finds keeping our government in deadlock and unable to govern or implement the referendum result. That Act needs to be scrapped by a future government.


77 posted on 09/25/2019 3:55:34 AM PDT by sinsofsolarempirefan
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To: sinsofsolarempirefan

And the Brexiters have got to make life a living hell for the remainders, so long as they’re stuck on the same boat together. They can entertain the populace in three dimensions, sort of like a Trump tweet made flesh.


78 posted on 09/25/2019 7:44:42 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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