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Supreme Court: Suspending Parliament was unlawful, judges rule

Jonathan Fairfield

By Jonathan Fairfield
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Jonathan Fairfield Star Member

Jonathan Fairfield

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Supreme Court: Suspending Parliament was unlawful, judges rule

 

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Image: Reuters

 

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.

 

The court's president, Lady Hale, said: "The effect on the fundamentals of our democracy was extreme."

 

Full story: https://www.bbc.com/news/uk-politics-49810261

 

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-- © Copyright BBC 2019-09-24
 
 
 
 
 

 

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Jonathan Fairfield Star Member

Jonathan Fairfield

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UK Supreme Court rules PM Johnson acted unlawfully by suspending parliament

 

2019-09-24T095856Z_1_LYNXMPEF8N0NB_RTROPTP_4_BRITAIN-EU-COURT.JPG

A general view outside the Supreme Court of the United Kingdom hearing on British Prime Minister Boris Johnson's decision to prorogue parliament ahead of Brexit, in London, Britain September 24, 2019. REUTERS/Henry Nicholls

 

LONDON (Reuters) - The United Kingdom’s Supreme Court ruled on Tuesday that Prime Minister Boris Johnson acted unlawfully when he advised Queen Elizabeth to suspend parliament just weeks before Brexit and that therefore the legislature had not been prorogued.

 

“The decision to advise her Majesty to prorogue parliament was unlawful because it had the effect of frustrating or preventing the ability of parliament to carry out its constitutional functions without reasonable justification,” Supreme Court President Brenda Hale said.

 

The ruling was a unanimous decision by the court’s 11 presiding judges.

“Parliament has not been prorogued. This is the unanimous judgment of all 11 justices,” Hale said. “It is for parliament, and in particular the speaker and the lords speaker, to decide what to do next.”

 

Parliament was suspended, or prorogued in the British jargon, from Sept. 10 to Oct. 14. The prorogation was approved by Queen Elizabeth, Britain’s politically neutral head of state, acting on the advice of the prime minister as she is required to do under the country’s complex, uncodified constitution.

 

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-- © Copyright Reuters 2019-09-24

 

 

 

 

 

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TopDeadSenter Silver Member

TopDeadSenter

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This is terrible news. I suppose the verdict here essentially takes us back to 1997 when the then PM John Major prorogued parliament for 3 weeks to stop an inquiry into his govts corruption. So by the fruit of the poisoned tree principles anything that took place after this illegal act effectively didn't happen. All jails will be emptied(except for the few lifers convicted before 1997), all buildings made after 1997 will be tore down as planning has been deemed null and void. At least we can smoke inside pubs again, as from 20 minutes ago.

 The ramifications of this will be earth shattering. All to undo the democratic will and referendum result voted by 17.4 million people. Let the madness begin!

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SheungWan Gold Member

SheungWan

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This is terrible news. I suppose the verdict here essentially takes us back to 1997 when the then PM John Major prorogued parliament for 3 weeks to stop an inquiry into his govts corruption. So by the fruit of the poisoned tree principles anything that took place after this illegal act effectively didn't happen. All jails will be emptied(except for the few lifers convicted before 1997), all buildings made after 1997 will be tore down as planning has been deemed null and void. At least we can smoke inside pubs again, as from 20 minutes ago.
 The ramifications of this will be earth shattering. All to undo the democratic will and referendum result voted by 17.4 million people. Let the madness begin!
AFAIK, the referendum did not give a green light to Boris Johnson to break the law.

Sent from my SM-N935F using Thailand Forum - Thaivisa mobile app

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Sujo Ruby Member

Sujo

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15 minutes ago, TopDeadSenter said:

This is terrible news. I suppose the verdict here essentially takes us back to 1997 when the then PM John Major prorogued parliament for 3 weeks to stop an inquiry into his govts corruption. So by the fruit of the poisoned tree principles anything that took place after this illegal act effectively didn't happen. All jails will be emptied(except for the few lifers convicted before 1997), all buildings made after 1997 will be tore down as planning has been deemed null and void. At least we can smoke inside pubs again, as from 20 minutes ago.

 The ramifications of this will be earth shattering. All to undo the democratic will and referendum result voted by 17.4 million people. Let the madness begin!

I think youve been taking too much lsd.

 

None of that will happen. Parliament will open, thats all.

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johng Ruby Member

johng

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10 minutes ago, SheungWan said:

Boris Johnson breaking the law presumably.

The whole "Brexit" debacle   from the "flawed" referendum, years of negotiations by a "remainer" prime minister who's deal was rejected by parliament 3 times then failure to ask "the people" again this time in a "legally binding" referendum...  in or out  either way  just get on with it !!!

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RAZZELL Platinum Member

RAZZELL

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4 minutes ago, Forethat said:

This will do wonders for the Pound, now we'll finally appear credible and politically stable enough for investors to trust our currency. Brilliant!

Bit slow on the uptake.

 

Norway have been piling in for the last year!

 

https://www.reuters.com/article/uk-norway-swf/norway-wealth-fund-shrugs-off-brexit-plans-rise-in-uk-investments-idUSKCN1QG1RO

 

RAZZ

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mfd101 Platinum Member

mfd101

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No end of entertainment. At least for non-Brits.

 

HM will be extremely unamused. The decree issued by her, on 'her' PM's advice, is declared illegal, nul & void. I doubt that she's encountered that at any previous time in her 67 years on The Throne!

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JAG Gold Member

JAG

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14 minutes ago, soalbundy said:

Normally common decency would mean that BJ would resign but being BJ he won't.

The normal, common, decent thing would be to call a general election. BJ wanted to, an alliance of the opposition and his own party rebels won't allow it. Why not?

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Carib Platinum Member

Carib

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Theresa May`s plan was not all that bad after all, now GB is stuck with an overconfident blond poodle producing nothing but pompous hot air and hollow frases and promises and lies. 

May`s deal could in time have been adjusted. Now there is no plan, no deal no nothing,  and it is all very damaging to the economy. On both sides that is ! What a mess the Brits have made of this.

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welovesundaysatspace Gold Member

welovesundaysatspace

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22 minutes ago, JAG said:

The normal, common, decent thing would be to call a general election. BJ wanted to, an alliance of the opposition and his own party rebels won't allow it. Why not?

The typical Brexiteer logic. Fuxxing it up and then expect others to act. As a reminder, it is Johnson found guilty, he should act decently now by resigning. The opposition parties didn’t do anything wrong; they’re not obliged to anything here. 

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welovesundaysatspace Gold Member

welovesundaysatspace

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Maybe Brexiteers want to reconsider Brexit now and instead aim for leaving the UK? Freed from the shackles of all those constitutional laws, the Supreme Court and those bureaucrats in parliament. Adopt a North Korea model where people don’t have anything to eat, the rule of law doesn’t exist, and votes can be manipulated with lies and propaganda.  

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Rookiescot Platinum Member

Rookiescot

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1 minute ago, Carib said:

Theresa May`s plan was not all that bad after all, now GB is stuck with an overconfident blond poodle producing nothing but pompous hot air and hollow frases and promises and lies. 

May`s deal could in time have been adjusted. Now there is no plan, no deal no nothing,  and it is all very damaging to the economy. On both sides that is ! What a mess the Brits have made of this.

The problem with Mays deal is it took us out of the single market.

Anything that does that means an internal border in Ireland.

Staying in the single market means freedom of movement within Europe continues and the Brexit Fundamentalists are having none of that even though staying in the single market was what the Leave campaign promised us would happen.

The entire country is being held to ransom by a small group of hardcore (and vocal) brexit extremists who have somehow wormed their way into power.

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JAG Gold Member

JAG

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Well I have to say that I am not particularly surprised. The "Remain Campaign" has from before the referendum, been very much the child of the establishment. The courts are after all the product of the establishment, and I suspect that the government realised that from the start.

 

Amidst the whole sea of opinions, campaigns, parliamentary and party machinations a couple of fixed points poke out of the foam.  One: the people of the United Kingdom voted to leave the European Union in the referendum. Two: the subsequent general election returned a parliament, of which the overwhelming majority of members, on both sides of the house, were elected on manifestoes which stated that the result of the referendum was to be honoured, and the UK was to leave the EU. Both results, obtained through the ballot box, have effectively been overturned by this establishment, and a general election, the proper constitutional means to arrive at a solution has been denied. It is tempting if perhaps melodramatic to suggest that the establishment has vigorously and contemptibly put two fingers up to the electorate.

 

Where do we go from here? I suspect that it will be some time before we have an election - the Labour Party, which has spent the last week in conference busily confirming its reputation as being unelectable will not want one until they are sure that they can win it - a long wait; and the Conservative rebels will not want one unless they can oust Johnson and his team and replace them with their own people, if they don't manage that then they know that come an election they will be toast! We are probably in for quite a long period of a stalled government, and yet more choleric grandstanding from Mr Speaker Bercow - he won't resign now!

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Rookiescot Platinum Member

Rookiescot

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1 minute ago, JAG said:

Well I have to say that I am not particularly surprised. The "Remain Campaign" has from before the referendum, been very much the child of the establishment. The courts are after all the product of the establishment, and I suspect that the government realised that from the start.

 

Amidst the whole sea of opinions, campaigns, parliamentary and party machinations a couple of fixed points poke out of the foam.  One: the people of the United Kingdom voted to leave the European Union in the referendum. Two: the subsequent general election returned a parliament, of which the overwhelming majority of members, on both sides of the house, were elected on manifestoes which stated that the result of the referendum was to be honoured, and the UK was to leave the EU. Both results, obtained through the ballot box, have effectively been overturned by this establishment, and a general election, the proper constitutional means to arrive at a solution has been denied. It is tempting if perhaps melodramatic to suggest that the establishment has vigorously and contemptibly put two fingers up to the electorate.

 

Where do we go from here? I suspect that it will be some time before we have an election - the Labour Party, which has spent the last week in conference busily confirming its reputation as being unelectable will not want one until they are sure that they can win it - a long wait; and the Conservative rebels will not want one unless they can oust Johnson and his team and replace them with their own people, if they don't manage that then they know that come an election they will be toast! We are probably in for quite a long period of a stalled government, and yet more choleric grandstanding from Mr Speaker Bercow - he won't resign.

You honestly dont think Johnson, Gove, Reese Mogg and Farage are not part of the establishment? 

 

The people of the UK voted to leave with a deal which included remaining in the single market because thats what leave promised us would happen.

 

Bercow has already announced his resignation. 

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