Tag Archives: Prorogation

“A Judicial Jamboree” – Boris and the Supreme Court


“A Judicial Jamboree” – Boris and the Supreme Court

By Duncan Whitmore

Last week’s judgment of the Supreme Court (“Miller/Cherry1) that Boris Johnson’s prorogation of Parliament was unlawful has been greeted as a “triumph” of democracy on the Remain side but, conversely, as an unwarranted judicial wading into politics on the Leave side – together with calls for the scrutiny of judicial appointments akin to what is seen with the US Supreme Court.

It will be argued here that, while undoubtedly significant, the court’s judgment to review the government’s decision for prorogation (and its disagreement with that decision) was not the most extraordinary aspect of the case. As we shall go on see in detail, the case is really an outcome of a continuing, decades-long attempt to squeeze historic, pre-democratic elements of Britain’s constitution into a democratic straitjacket.

What is astounding, on the other hand, is that the robustness and confidence of the decision represents a continuation of the same theme we identified in a previous essay on Brexit and the British Constitution – that the pro-Remain establishment, instead of simply cutting its losses and swallowing Brexit, is blind to the fact that its efforts to thwart the referendum result is jeopardising everything that legitimises (in the eye of the public) the sustenance of the British state. As Sean Gabb has said in his own post on the matter, “all that surprises me is that the Remainers are so committed to stopping Brexit that there is no part of the Constitution they are not prepared to feed into their political shredding machine.” Surely they must have realised the Supreme Court’s decision, delivered without a single dissenting voice among eleven justices in spite of convincing counterarguments, would brazenly and wantonly take a sledge hammer to yet another veneer of legitimacy over the state system that keeps them in power – the notion of an independent and apolitical judiciary? Read more

Advertisements

Boris and Brexit


Boris and Brexit

By Duncan Whitmore

At the time of writing, a bill to delay Britain’s exit from the European Union beyond the October 31st deadline is making its way through the House of Lords, following Prime Minister Boris Johnson’s loss of all of his votes thus far in the Commons. Johnson has also lost his Commons majority after one MP defected to the Liberal Democrats on Tuesday while a further twenty-one were denied the Tory whip for voting against the government that same evening. It is, therefore, probable that the bill will be passed and, without the ability to call a general election, somebody will be carted off to the EU to grovel for a Brexit extension until January 31st.

Nevertheless, in contrast to the Maybot (whose repeated defeats ground her down into the appearance of an exhumed corpse), Johnson remains remarkably upbeat. If his chief strategist, Dominic Cummings, is as brilliant as he is reputed to be, then this may be no surprise. After all, every major obstacle to achieving Brexit, “do or die”, on October 31st was known in advance, namely:

  • An overwhelmingly pro-Remain Parliament which could be expected to use the excuse of an alleged no deal “catastrophe” to tie the Prime Minister’s negotiating hands;
  • The existence of a significant number of rebellious Tory MPs amongst a Parliamentary majority of just one;
  • A Speaker barely able to feign impartiality through a willingness to bend constitutional propriety and parliamentary procedure.

Read more