Will we never have another State Opening/new session again then?
We can, if the government prorogues for the usual time of 6/7 days.
He can re-prorogue of course, but navigating the obstacles of the full judgment (as yet unseen by me) will be a minefield. And susceptible to further challenge.
In normal circumstances surely the prime minister would have to resign.
Well, yes, but the same was true of May in December, or January. Or for Boris when he lost his "confidence vote". We're well past the bounds of normality, alas.
Mr. Eagles, Hannibal thrashed the Romans multiple times and roamed around Italy for a decade. When he left it was because his countrymen back home were failing to live up to his standards of success.
Boris, meanwhile, has managed to lose MPs, lose votes (has he won any yet?), and now appears to have been found to have deceived the Queen.
Emergency resolution in support of No Deal Brexit today before Labour MPs have time to get back from Brighton? Or later on while the SNP aren't around?
Monumental and magnificent. The courts were our last bulkwark against despotism and they have delivered.
The courts will be very much our future. Every single decision a government makes, from now on, is going to end up in one.
Why ?
In most cases the law will be quite clear. It is only where something utterly out of the ordinary constitutionally takes place that we find ourselves in this sort of situation. Of course Brexit might well throw up a few more such cases.
Monumental and magnificent. The courts were our last bulkwark against despotism and they have delivered.
The courts will be very much our future. Every single decision a government makes, from now on, is going to end up in one.
Feel free to look to the USA for clues as to whether that is a good idea.
It will not be necessary if the Executive follows proper legal advice, instead of the advice of fanatics like Cummings, and a PM behaving like a poundshop Robert Mugabe
Emergency resolution in support of No Deal Brexit today before Labour MPs have time to get back from Brighton? Or later on while the SNP aren't around?
Boris will have to resign - he will be forced to. No way out of this. He has just been destroyed by Baroness Hale. 11-0 against and lost on all points. Commentators did not expect that and the significance has not sunk in. GONU by friday I suspect.
Emergency resolution in support of No Deal Brexit today before Labour MPs have time to get back from Brighton? Or later on while the SNP aren't around?
Will we never have another State Opening/new session again then?
We can, if the government prorogues for the usual time of 6/7 days.
He can re-prorogue of course, but navigating the obstacles of the full judgment (as yet unseen by me) will be a minefield. And susceptible to further challenge.
Hard to see how a standard few days for a Queen's Speech wouldn't be lawful. That would be saying that the PM could not call a Quen's Speech. Which would be a leap. A Queen's Speech next Thurday, for example? If security can be put in place in time.
I am seriously concerned for the safety of Gina Miller. The number of morons out there who will, being morons, be likely to do something idiotic is large.
Today's judgment will be a foundation stone for constitutional law for generations to come. That will be far more important than its political effects in the long term.
The government has only itself to blame. It courted this result by its conduct throughout.
Not clear why any of this matters much, beyond continuing to paint a narrative to the casual observer that the establishment is trying to block Brexit.
The government can still prorogue Parliament again for a Queen's speech but the guidance given was that 4-6 days was the normal period of prorogation.
The Commons is still free to exercise its sovereignty to VONC the Executive but this seems even less likely after this week's action in Brighton than it did in September.
So on we go, bumbling headlong to the 31st October.
Johnson has lied to his family, to his employers, to the electorate and to Parliament. Of course he would lie to the Queen.
Though the court was quite careful not to look into that, but only the effects of his advice, and that they exceed the justification offered for it.
One might infer from the fact that he offered no substantial justification to the court for the extended prorogation that he lied - but that lie, of course, lies in the political sphere.
Does the mace get put back now ? Does the mace need to be put back now to pass laws ? Can the Tories ambush parliament whilst Jez is doing his speech ? Can Labour ambush parliament whist the Tories are doing their speech ? Is the Queens Speech now going ahead ? Will the opposition actually VONC Johnson now ? Are we heading for an election ?
The government's defence was pitiful. There was the one memo in August about proroguing but no explanation as to why 5 weeks not the usual 6 days.
I said this on day 1- had the Govt said "this Remainer parliament is out to block and frustrate the democratic decision of the people and so I am shutting it down for 5 weeks until the EU summit", then I think the decision today could have been different.
Absolutely devastating judgment for any party, absolutely devastating if you're the sitting Prime Minister.
If Boris Johnson had any honour he'd resign, but since he doesn't, he will not.
Parliament can VONC him if they want. Always had that option.
What happened to honour and decency? Do we not even pretend anymore that those are requirements for a PM?
All governments, past, present and in the future can and have lost court cases. That is what the courts are for. Did May resign when she lost the Miller case?
The court has ruled, the government must implement its ruling. That's separation of powers in a nutshell. Courts shouldn't result in changes of government. That would put far too much undue pressure on court cases which should stand on their own merit.
Comments
Even Man City would envy that scoreline.
Gina Miller. The heroine of our age
Boris, meanwhile, has managed to lose MPs, lose votes (has he won any yet?), and now appears to have been found to have deceived the Queen.
Perhaps he will deliver a homily on the value of the rule of law.
EDIT - Due in the evening local time.
No one saw that coming .
Rather it has been tidied up quite a bit.
https://twitter.com/lewis_goodall/status/1175777835979563008?s=20
Cummings was trying to be too clever.
In most cases the law will be quite clear. It is only where something utterly out of the ordinary constitutionally takes place that we find ourselves in this sort of situation.
Of course Brexit might well throw up a few more such cases.
https://www.theguardian.com/politics/2019/jul/14/journalist-stuart-collier-boris-johnson-phone-call-darius-guppy-demands-apology
Are we sure you're not a parody account?
The government has only itself to blame. It courted this result by its conduct throughout.
The government can still prorogue Parliament again for a Queen's speech but the guidance given was that 4-6 days was the normal period of prorogation.
The Commons is still free to exercise its sovereignty to VONC the Executive but this seems even less likely after this week's action in Brighton than it did in September.
So on we go, bumbling headlong to the 31st October.
One might infer from the fact that he offered no substantial justification to the court for the extended prorogation that he lied - but that lie, of course, lies in the political sphere.
Does the mace get put back now ?
Does the mace need to be put back now to pass laws ?
Can the Tories ambush parliament whilst Jez is doing his speech ?
Can Labour ambush parliament whist the Tories are doing their speech ?
Is the Queens Speech now going ahead ?
Will the opposition actually VONC Johnson now ?
Are we heading for an election ?
Brexiteers will be cheering her on, right?
Would Johnson even want to try? Her Maj might tell him to sod off, which would be a bit embarrassing. Not to mention he'd be straight back in court.
The court has ruled, the government must implement its ruling. That's separation of powers in a nutshell. Courts shouldn't result in changes of government. That would put far too much undue pressure on court cases which should stand on their own merit.
On the other hand how can the Tory Party be led by someone found to have lied to the Queen.