Fucked if I know. Like seriously. Anyone who has not cashed out of these markets is a braver mofo than me.
I cashed out!
I'm still laying 2019 for a general election. A general election will occur when it is in the interests of a majority of the House of Commons. That moment has not yet been reached and I don't think it will be reached for quite a while.
Laying 2020 would be brave, however.
And of course, the point at which an election is in the interests of a majority of the Commons, will probably be the precise moment that an election is NOT in Boris's interest.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable) but in the long term Boris will benefit.
He and Cummings now have the narrative they want, they doing everything possible to deliver the will of the people against the diehard Remainers in Parliament and the judiciary who want to extend again and ultimately likely revoke. The more that narrative continues the more they squeeze the Brexit Party vote in the Tories favour while Remainers split between the LDs and Corbyn Labour.
Plus of course Boris will resign as PM and lead the Tories into opposition on a Brexit with a Deal or No Deal ticket to continue the battle with the diehard Remainers in opposition rather than stay PM and agree to extend
Fucked if I know. Like seriously. Anyone who has not cashed out of these markets is a braver mofo than me.
I cashed out!
I'm still laying 2019 for a general election. A general election will occur when it is in the interests of a majority of the House of Commons. That moment has not yet been reached and I don't think it will be reached for quite a while.
Laying 2020 would be brave, however.
And of course, the point at which an election is in the interests of a majority of the Commons, will probably be the precise moment that an election is NOT in Boris's interest.
That looks far more likely than not. Though Boris Johnson may well be history by the time of the next election. He might well not last the week.
All these tweets like bad al saying he lied to the queen - is that actionable?
It would be up to Boris to prove that he didn't lie to the queen - the court skirted round that question for a good reason. I suspect Boris wouldn't want to press the point.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable) but in the long term Boris will benefit.
He and Cummings now have the narrative they want, they doing everything possible to deliver the will of the people against the diehard Remainers in Parliament and the judiciary who want to extend again and ultimately likely revoke. The more that narrative continues the more they squeeze the Brexit Party vote in the Tories favour while Remainers split between the LDs and Corbyn Labour.
Plus of course Boris will resign as PM and lead the Tories into opposition on a Brexit with a Deal or No Deal ticket to continue the battle with the diehard Remainers in opposition rather than stay PM and agree to extend
Yes. In common with 52% of the country's voters, I have bad experiences of giving it the early cheer when you think you've won
Well well well. I've been offline, but a unanimous decision feels like it speaks strongly as to competence of the government even if one supported them.
How long did it take for someone to say all 11 justices are remainers?
And those saying us style political appointments are now inevitable are making a self fulfilling prophecy. As someone who was clear if the law was there were no limits on the pm I'd accept that, that response is very throwing toys out of the pram.
In the long run I feel this is much ado about nothing. This Parliament won't pass Brexit. Next Parliament will be decided by the voters. How many votes will be swung by today?
Fucked if I know. Like seriously. Anyone who has not cashed out of these markets is a braver mofo than me.
I cashed out!
I'm still laying 2019 for a general election. A general election will occur when it is in the interests of a majority of the House of Commons. That moment has not yet been reached and I don't think it will be reached for quite a while.
Laying 2020 would be brave, however.
And of course, the point at which an election is in the interests of a majority of the Commons, will probably be the precise moment that an election is NOT in Boris's interest.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable) but in the long term Boris will benefit.
He and Cummings now have the narrative they want, they doing everything possible to deliver the will of the people against the diehard Remainers in Parliament and the judiciary who want to extend again and ultimately likely revoke. The more that narrative continues the more they squeeze the Brexit Party vote in the Tories favour while Remainers split between the LDs and Corbyn Labour.
Plus of course Boris will resign as PM and lead the Tories into opposition on a Brexit with a Deal or No Deal ticket to continue the battle with the diehard Remainers in opposition rather than stay PM and agree to extend
Not if Boris is found in Contempt of Parliament and thrown out of Parliament.
Fucked if I know. Like seriously. Anyone who has not cashed out of these markets is a braver mofo than me.
I cashed out!
I'm still laying 2019 for a general election. A general election will occur when it is in the interests of a majority of the House of Commons. That moment has not yet been reached and I don't think it will be reached for quite a while.
Laying 2020 would be brave, however.
I reckon we go all the way to June 2022.
The 2022 betting point is an interesting one, as for ages I have been advocating laying September then October and even November 2019 and insuring by also laying 2022. I still feel laying 2022 to be right, on the basis that it is hard to see this parliament clinging on for that long. But maybe the odds will come in a little?
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable) but in the long term Boris will benefit.
He and Cummings now have the narrative they want, they doing everything possible to deliver the will of the people against the diehard Remainers in Parliament and the judiciary who want to extend again and ultimately likely revoke. The more that narrative continues the more they squeeze the Brexit Party vote in the Tories favour while Remainers split between the LDs and Corbyn Labour.
Plus of course Boris will resign as PM and lead the Tories into opposition on a Brexit with a Deal or No Deal ticket to continue the battle with the diehard Remainers in opposition rather than stay PM and agree to extend
“Of course Boris will resign as PM” - another HY prediction for the anthology?
Have you ever considered that actions create reactions?
All these tweets like bad al saying he lied to the queen - is that actionable?
It would be up to Boris to prove that he didn't lie to the queen - the court skirted round that question for a good reason. I suspect Boris wouldn't want to press the point.
Didn’t the Scottish judgment conclude something pretty damning on that front, which wasn’t overturned here because the SC declined to consider the question of motive?
"It is not suggested in these appeals that Her Majesty was other than obliged by constitutional convention to accept that advice. In the circumstances, we express no view on that matter. That situation does, however, place on the Prime Minister a constitutional responsibility, as the only person with power to do so, to have regard to all relevant interests, including the interests of Parliament" (para 30).
"The Prime Minister’s reaction was to describe the September sitting as a “rigmarole”. Nowhere is there a hint that the Prime Minister, in giving advice to Her Majesty, is more than simply the leader of the Government seeking to promote its own policies; he has a constitutional responsibility, as we have explained in para 30 above" (para 60).
"It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason - let alone a good reason - to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October." (Para 61).
In other words, at worst Johnson lied to the Queen, and at best he failed in his fundamental constitutional responsibility in advising the Queen. And it is telling that the PM gave no witness statement, very heavily implying he wanted to avoid a perjury rap.
It is incredibly damning, and Johnson's position is utterly indefensible (although defend it his acolytes no doubt will).
The challenge facing Corbyn is triggering a VOC vote without setting in chain an early GE.
Easy enough: Parliament passing a "humble address" asking Her Maj to summon a new PM (Clarke/Harman/Benn/whoever) would stop an election being triggered.
It was possible before that Johnson might have advised Liz to ignore Parliament, and just let the two-week clock run down to an election - but, now, there's much more chance that she will call bullshit on Johnson's "advice".
So, clearly, not great for Johnson. He's officially a liar and a criminal. However, if what he wants is a People vs Parliament election where he runs on the softhead populist ticket of "Give me a mandate to No Deal and stick it to the Establishment Quislings!", then I do not immediately see how this hurts him. Could even help.
"It is not suggested in these appeals that Her Majesty was other than obliged by constitutional convention to accept that advice. In the circumstances, we express no view on that matter. That situation does, however, place on the Prime Minister a constitutional responsibility, as the only person with power to do so, to have regard to all relevant interests, including the interests of Parliament" (para 30).
"The Prime Minister’s reaction was to describe the September sitting as a “rigmarole”. Nowhere is there a hint that the Prime Minister, in giving advice to Her Majesty, is more than simply the leader of the Government seeking to promote its own policies; he has a constitutional responsibility, as we have explained in para 30 above" (para 60).
"It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason - let alone a good reason - to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October." (Para 61).
In other words, at worst Johnson lied to the Queen, and at best he failed in his fundamental constitutional responsibility in advising the Queen. And it is telling that the PM gave no witness statement, very heavily implying he wanted to avoid a perjury rap.
It is incredibly damning, and Johnson's position is utterly indefensible (although defend it his acolytes no doubt will).
I suggested a while ago that the court might adopt a test akin to the employment law concept of the implied duty of trust and confidence, where an employer may prefer its own interest, but must take into account the impact of its actions on others and not act in a manner calculated to destroy or seriously damage the relationship of trust and confidence between employer and employee. That does look quite like that kind of test.
Humiliation is an overused word, but a unanimous ruling feels like one. However parliament didnt need the court case to act, so we need to see what they will actually do. And how much BXP rise in the polls
The only question now is whether Boris conclude a deal, ask for an extension under the Benn Act, or resign on the eve of October 31.
I rather suspect the latter.
If Johnson resigns just before 31st Oct but remains as leader for the following GE, he will be torn apart by journalists. "You chose to resign as PM, but now you want to be PM again!"
I urge everyone to read the ruling, it is magnificent and will stand the test of time and be a precedent all across the world for all times.
This isn't something that is 'limited to the present circumstances only.'
I agree. I quoted the relevant bit on the previous thread, and think it bears repetition. It is very short, very simple and utterly non partisan.
It does set a limit on the power of the executive which was previously not there (or at best unexpressed), but it seems an entirely reasonable limit, and I would genuinely like to know with what rule those who are condemning this judgment would like to replace it.
...the relevant limit on the power to prorogue is this: that a decision to prorogue (or advise the monarch to prorogue) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In judging any justification which might be put forward, the court must of course be sensitive to the responsibilities and experience of the Prime Minister and proceed with appropriate caution. If the prorogation does have that effect, without reasonable justification, there is no need for the court to consider whether the Prime Minister's motive or purpose was unlawful....
If Corbyn doesn’t call a vote of confidence in the government tomorrow, then what’s the point of him?
Probably the point of him right now is to not be incited to cause a GE in a way that hands control of the timetable to Johnson at a point where timing and the ability of Parliament to hold the government to account is vital. Isn’t the principal point of the opposition to do that which the government would least want them to do?
If Corbyn doesn’t call a vote of confidence in the government tomorrow, then what’s the point of him?
Probably the point of him right now is to not be incited to cause a GE in a way that hands control of the timetable to Johnson at a point where timing and the ability of Parliament to hold the government to account is vital. Isn’t the principal point of the opposition to do that which the government would least want them to do?
No the role of the opposition is to hold the government to account for its actions.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
Because millions like him will say this decision is political and the judges want to remain, and governments wont want to risk such humiliation again.
Welcome to Brexitland were all decisions are because they are out to get you.
He is right though. As with a partisan speaker our politicians see the value now, and However unfair they will seek to stack the courts if they can. The contempt from government sources before the decision made that clear.
In the long run I feel this is much ado about nothing. This Parliament won't pass Brexit. Next Parliament will be decided by the voters. How many votes will be swung by today?
The PM breaking the law IS a big deal.
But as to political impact, I think you are spot on.
If Corbyn doesn’t call a vote of confidence in the government tomorrow, then what’s the point of him?
Probably the point of him right now is to not be incited to cause a GE in a way that hands control of the timetable to Johnson at a point where timing and the ability of Parliament to hold the government to account is vital. Isn’t the principal point of the opposition to do that which the government would least want them to do?
The point of the Opposition is also to fulfill constitutional duties. If parliament does not have confidence in the government it should vote to express that. Our system doesn't work otherwise.
The only question now is whether Boris conclude a deal, ask for an extension under the Benn Act, or resign on the eve of October 31.
I rather suspect the latter.
An election is quite possibly in no-one’s interests at the present time.
Except possibly the LDs and SNP, and I suspect the former would only want to do it once Brexit had been safely delayed.
All the parties have the problem that the course that maximises their long term strategic advantage doesn’t align with the course that gives them the result they feel best for the country in the shorter term.
If Corbyn doesn’t call a vote of confidence in the government tomorrow, then what’s the point of him?
Probably the point of him right now is to not be incited to cause a GE in a way that hands control of the timetable to Johnson at a point where timing and the ability of Parliament to hold the government to account is vital. Isn’t the principal point of the opposition to do that which the government would least want them to do?
Indeed.
Though with Corbyn, you never know! He's not the brightest pea in the pod and I would not be surprised if he now calls a GE.
If Corbyn doesn’t call a vote of confidence in the government tomorrow, then what’s the point of him?
Probably the point of him right now is to not be incited to cause a GE in a way that hands control of the timetable to Johnson at a point where timing and the ability of Parliament to hold the government to account is vital. Isn’t the principal point of the opposition to do that which the government would least want them to do?
No the role of the opposition is to hold the government to account for its actions.
And by surrendering control of a GE timetable some of its tools for holding government to account would be inoperable.
In the long run I feel this is much ado about nothing. This Parliament won't pass Brexit. Next Parliament will be decided by the voters. How many votes will be swung by today?
The PM breaking the law IS a big deal.
But as to political impact, I think you are spot on.
As terrible as MPs have behaved, I still don't think they are immoral enough to make Corbyn PM. It would be them publicly voting to say they do not care about the place of Jews in this country.
In the long run I feel this is much ado about nothing. This Parliament won't pass Brexit. Next Parliament will be decided by the voters. How many votes will be swung by today?
A few, not many. Thst not a single judge agreed with the government makes it harder to defend or rather ignore the action and the judgement itself.
I'd believe it was the plan to make it a people vs establishment election and this will shore up some votes, but losing so decisively is not a good look
As terrible as MPs have behaved, I still don't think they are immoral enough to make Corbyn PM. It would be them publicly voting to say they do not care about the place of Jews in this country.
In the long run I feel this is much ado about nothing. This Parliament won't pass Brexit. Next Parliament will be decided by the voters. How many votes will be swung by today?
The PM breaking the law IS a big deal.
But as to political impact, I think you are spot on.
"Breaking the Law", FFS! It's hardly like punching someone in the street, where the illegality is obvious beforehand. Instead, it took 3 court cases - with the English court, significantly from a political perspective, declining to intervene in the government's decision - before the action was declared illegal retrospectively.
I think Boris will take an inevitable hit in the polls for "losing", but the man in the street will also not fail to notice how Parliament, the Speaker, and now the Courts are blatantly stacked against what they voted for...
So, what should happen next? (Note: 'should' rather than 'will').
Sensible MPs should be trying to work together to draw the UK back from the increasingly damaging polarisation of opinion, and to restore the old conventions of acting honourably and fairly which have served us well for many decades. In practical terms that should mean the government eating humble pie on this, firing Cummings, and restoring the whip to the 21 refuseniks. The No Dealers should stop no-dealing. The opposition parties should be careful not to inflame things by calling for scalps (except Boris's, natch).
On Brexit, there is only one way forward, which is first of all for everyone agree that an extension is indispensable given the division and chaos, and secondly for a GE or referendum to decide what to do next.
Unfortunately I don't think any of this is going to happen, except that that there will be a highly controversial and polarising further extension, and probably a very divisive GE.
Man, I’m really looking forward to the 10,000 word posts on Cummings’ blog about he was right & everyone else was wrong. They’re going to be barnstormers.
The challenge facing Corbyn is triggering a VOC vote without setting in chain an early GE.
Easy enough: Parliament passing a "humble address" asking Her Maj to summon a new PM (Clarke/Harman/Benn/whoever) would stop an election being triggered.
It was possible before that Johnson might have advised Liz to ignore Parliament, and just let the two-week clock run down to an election - but, now, there's much more chance that she will call bullshit on Johnson's "advice".
The Queen must be so upset for multiple reasons. Steaming I imagine. Will she summon Johnson to Balmoral to explain himself or tender his resignation?
Comments
Oh and first.
This isn't something that is 'limited to the present circumstances only.'
ROFL
He and Cummings now have the narrative they want, they doing everything possible to deliver the will of the people against the diehard Remainers in Parliament and the judiciary who want to extend again and ultimately likely revoke. The more that narrative continues the more they squeeze the Brexit Party vote in the Tories favour while Remainers split between the LDs and Corbyn Labour.
Plus of course Boris will resign as PM and lead the Tories into opposition on a Brexit with a Deal or No Deal ticket to continue the battle with the diehard Remainers in opposition rather than stay PM and agree to extend
A heroine and brave woman .
How long did it take for someone to say all 11 justices are remainers?
And those saying us style political appointments are now inevitable are making a self fulfilling prophecy. As someone who was clear if the law was there were no limits on the pm I'd accept that, that response is very throwing toys out of the pram.
The only question now is whether Boris conclude a deal, ask for an extension under the Benn Act, or resign on the eve of October 31.
I rather suspect the latter.
He'd have to offer evidence of reasons he wasn't prepared to share with the Supreme Court, who were quietly scathing about his lack of evidence.
The SC were very careful about not saying he lied - so careful that they refrained from saying he didn't, as well.
On a balance of probabilities, it would be not unreasonable to conclude him a liar in this case.
2020 is looking most likely to me.
Given the 14 day window for another government to form, followed by a 4/5 week campaign, the GE can't be until November now, can it?
Can it?
Bozo needs to sacrifice his puppet master to have any chance of remaining PM.
“Of course Boris will resign as PM” - another HY prediction for the anthology?
Have you ever considered that actions create reactions?
"It is not suggested in these appeals that Her Majesty was other than obliged by constitutional convention to accept that advice. In the circumstances, we express no view on that matter. That situation does, however, place on the Prime Minister a constitutional responsibility, as the only person with power to do so, to have regard to all relevant interests, including the interests of Parliament" (para 30).
"The Prime Minister’s reaction was to describe the September sitting as a “rigmarole”. Nowhere is there a hint that the Prime Minister, in giving advice to Her Majesty, is more than simply the leader of the Government seeking to promote its own policies; he has a constitutional responsibility, as we have explained in para 30 above" (para 60).
"It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason - let alone a good reason - to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October." (Para 61).
In other words, at worst Johnson lied to the Queen, and at best he failed in his fundamental constitutional responsibility in advising the Queen. And it is telling that the PM gave no witness statement, very heavily implying he wanted to avoid a perjury rap.
It is incredibly damning, and Johnson's position is utterly indefensible (although defend it his acolytes no doubt will).
It was possible before that Johnson might have advised Liz to ignore Parliament, and just let the two-week clock run down to an election - but, now, there's much more chance that she will call bullshit on Johnson's "advice".
I’ve always assumed it is a much-overdue lobotomy.
Except possibly the LDs and SNP, and I suspect the former would only want to do it once Brexit had been safely delayed.
Isn’t this unlikely, and almost impossible, because of time? Unless David is saying an election will emerge from the next few days?
I think I may put Lady Hale in the same category as my heroes, Atticus Finch and Henry Drummond/Clarence Darrow.
Firstly the Supreme Court decision and probably more importantly @TSE has enjoyed a lawful "first" on PB.
Remarkable ....
I quoted the relevant bit on the previous thread, and think it bears repetition. It is very short, very simple and utterly non partisan.
It does set a limit on the power of the executive which was previously not there (or at best unexpressed), but it seems an entirely reasonable limit, and I would genuinely like to know with what rule those who are condemning this judgment would like to replace it.
...the relevant limit on the power to prorogue is this: that a decision to prorogue (or advise the monarch to prorogue) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In judging any justification which might be put forward, the court must of course be sensitive to the responsibilities and experience of the Prime Minister and proceed with appropriate caution.
If the prorogation does have that effect, without reasonable justification, there is no need for the court to consider whether the Prime Minister's motive or purpose was unlawful....
But as to political impact, I think you are spot on.
Though with Corbyn, you never know! He's not the brightest pea in the pod and I would not be surprised if he now calls a GE.
I expect Boris would win the vote but unconvincingly.
I'd believe it was the plan to make it a people vs establishment election and this will shore up some votes, but losing so decisively is not a good look
I think Boris will take an inevitable hit in the polls for "losing", but the man in the street will also not fail to notice how Parliament, the Speaker, and now the Courts are blatantly stacked against what they voted for...
Sensible MPs should be trying to work together to draw the UK back from the increasingly damaging polarisation of opinion, and to restore the old conventions of acting honourably and fairly which have served us well for many decades. In practical terms that should mean the government eating humble pie on this, firing Cummings, and restoring the whip to the 21 refuseniks. The No Dealers should stop no-dealing. The opposition parties should be careful not to inflame things by calling for scalps (except Boris's, natch).
On Brexit, there is only one way forward, which is first of all for everyone agree that an extension is indispensable given the division and chaos, and secondly for a GE or referendum to decide what to do next.
Unfortunately I don't think any of this is going to happen, except that that there will be a highly controversial and polarising further extension, and probably a very divisive GE.
Hot off the press today.
Shrewd move.
LOL.
I don't see what use she is if she won't stand up for the law herself when given bad advice by her ministers.