One nation, under prorogation. Boris Johnson fought the Law and the Law won.
Amazing news The Supreme Court in London has agreed with the Scottish Supreme Court that Boris Johnsons controversial decision to prorogue Parliament for 5 weeks was unlawful and misled the Queen. Making the PM of the United Kingdom an actual criminal. Which could lead him to becoming the shortest serving prime minister in history.
Speaking at the Supreme Court, the court's president Lady Hale declared that " the descioin to adise her Majesty to proroque Parliament was unlawful - because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without proper justification."
Hale went on to state that, as the decision to prorogue was unlawful, Parliament has not actually in effect been proroqued and could therefore be recalled immediately. The Supreme Court's decision was unanimously agreed between all 11 judges.
Immediately. following the rulng, the Speaker of the House of Commons, John Bercow issued a statement declaring that Parliament would be recalled as soon as possible. Naturally many have responded to this decision by calling for Boris Johnson to resign, claiming that his position as Prime Minister is now untenable.
Whilst speaking at the Labour Conference, the Labour leader, Jeremy Corbyn, said:
" I will be in touch immediately to demand Parliament is recalled so we can question the Prime Ministter, demand he obey the law that has been passed by parliament. I invite Boris Johnson to consider his position."
Labour's Shadow Foreign Secretary Emily Thornberry said :
"Boris Johnson should resign and Parliament out to be recalled immdiately."
The Supreme Court Juudgement is a victory for the rule of law. It is a reminder that in this country no one is above the law and that our judges should hold the powerful to account wtihout fear or favour. Whatever you think about the decision to prorogue Parliament and whatever you think about Brexit, this is our constitutional system working exactly as it should – the judiciary independently scrutinising the actions of the Government.
This welcome news also serves to highlight the fact that the Queen was given an instruction to do an unlawful thing, and she did it, despite being told she has the benefit of decades of experience, she couldn't see what was obvious to everyone else, that Johnson's motives were not honest. The "I was doing what I was told' is no defence.
Yes, refusing prorogation would have been dangerous territory for the monarchy, but that's the job. Truth is, this whole episode exposes the monarchy as a pointless and ineffective institution.The Queen has abdicated all responsibility for her actions and that is not a sustainable position. With the political system in disarray, and a government that has shown a willingness to go above the law, we need a general election and a democratic alternative to the monarchy, a written constitution and an accountable and effective head of state.
