How The Supreme Court Got It Wrong

The Supreme Court president, Lady Hale

said “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”. Lady Hale said the unanimous decision of the 11 justices meant Parliament had effectively not been prorogued, the decision was null and of no effect.

But, to paraphrase the Supreme Court President “The decision to advise Her Majesty to prorogue Parliament was lawful because it had the effect of ending the frustrations of the UK electorate preventing the illegally chaired House of Commons from enacting the will of 17.4 million people to carry out the constitutional function of the 2016 EU referendum with their very reasonable justification”.

That’s right, isn’t it?

2 thoughts on “How The Supreme Court Got It Wrong”

  1. No – the 2016 referendum was in law advisory – a big expensive opinion poll – not a mandatory one with the power to make a binding decision. Wether that was a good or bad idea is a matter of opinion. Equally the promises to uphold the decision from party leaders was not and cannot be legally binding.
    Finally the decision was not about Brexit but whether the Government acted lawfully. I seem to recall arguments about taking back control for British judges to decide. These British judges have decided.

    1. If I remember correctly, the 2016 referendum was binding inasmuch as the public were told, whatever you decide we will deliver, by all the major political party manifestos and indeed the majority of constituencies voted to leave. Our own Rosie Cooper has promised to abide by the decision of West Lancashire to leave. Are we therefore prone to selective promises that don’t deliver? Is this democracy?

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