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.
The Queen agreed to the PM's request to prorogue and gave Royal Assent to the anti No Deal Bill Parliament passed, she has acted entirely properly throughout
Out of curiosity, is there any comeback on the judges who said this wasn't justiciable?
No, court rulings don't work like that.
A similar example, if a jury finds Mr A guilty, but the appeal court upholds the appeal, then there is no comeback against the jury. It is possible that Mr A is awarded financial compensation, but that won't happen as a result of today's SC ruling.
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...
The courts seem really really in favour of taking back control of our laws, which hopefully aligns them with the man in the street.
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
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!"
No Boris wants to stay leader to deliver the will of the people with a majority against the diehard Remainer traitors to democracy who make up most current MPs
Well done David. You certainly knew when to jump off a sinking ship. If any 'Contempt of Parliament Motions' are to be tabled I'm sure Matt Hancock will take full responsibility. There is something serene about the law. Such clear logical explanations are rare anywhere else
From the lead: ”it’s now surely highly likely that we will have another general election before the A50 period expires ”
Isn’t this unlikely, and almost impossible, because of time? Unless David is saying an election will emerge from the next few days?
No - the Act that parliament passed before the False Prorogation means that the PM will almost certainly now have to request an A50 extension to Jan 2020 and has no power to reject it if offered.
The 31 October deadline is, for practical purposes, dead.
On a point of order it should be noted whilst OGH has posted this morning it is @TSE who is presently editor of PB and his scurrilous activities are still in play.
"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...
It's a big deal. He behaved in a wholly improper manner. You should not downplay it just because you side with him politically. It is about standards in public life and the integrity of our constitution.
However (sadly) I agree with your assessment of the electoral impact. If anything I think it helps the crim.
If Johnson is going to stand by his assertion that this was simply to bring in a new QS surely he must immediately prorogue for a minimum period to achieve this?
Question: If the prorogation of Parliament is null and void, does that mean that the bills that never made it through are now back on the agenda?
Yes, the bills haven’t fallen and the resumption of the (non-adjourned) sitting means they can be considered - though the government still has to schedule the business.
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.
Would just increase his popularity further against the die hard Remainer traitors to democracy and he would be re elected in Uxbridge easily
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
Yep - the full weight of the Remain Establishment (and I voted Remain, FFS!) is now squarely against Boris and the Government. I think that for every joyful post on social media today, there'll be a voter in a small town nursing a dose of sullen anger that the entire Establishment is stacked against them, and that will continue to support Boris' polling numbers and give him a shot at the next General Election.
Prediction. This judgement doesn’t change much, practically, but it is transformative in terms of mood and emotion.
That is to say: the Remainers can now smell the frying bacon of victory. They are salivating. All they can think about is bacon. There was once a time when they might have compromised with the vegetarians in the house, who abhor bacon, and maybe settled for toast and jam, but no longer. That bacon is breakfast.
The Remainers will push on and Brexit will somehow be cancelled. Lord knows what that will do to the country, but it will likely not be good. The bacon might be poisoned.
Ballsy stuff from a chap who just put 'MPs to return to Commons to frustrate brexit' on the front page...
So? Surely his point in that tweet is to say preventing that debate from happening was always the point of prorogation, and the furious denials of that from Johnson down were always, transparently, fraudulent.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
The judgment seems pretty conservative as against an ‘interesting’ attempt at novel constitutional innovation. Or do you mean Conservative judges, who will consider it a priority to interpret the law in line with the current views of the Conservative Party?
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.
I'm looking forward to Cumberbatch's portrayal of Cummings standing by his huge war-game-table totally losing it, as he watches lady Hale's read out the SC's verdict.
On a point of order it should be noted whilst OGH has posted this morning it is @TSE who is presently editor of PB and his scurrilous activities are still in play.
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 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
Indeed but surely May shouldn't be in the relegation zone? There must be another Tory PM from the past who was as hapless as Cameron and Johnson?
Anger that Cameron lost the referendum does not mean he was among the worst pms ever. That's just silly and is in a lot of cases clearly the reason for the .ranking
I still haven't seen anyone defend the idea of PM Corbyn proroguing parliament to allow something, such as the withdraw of funding for the military as given example by John Major. This is a constitutional issue, not a Brexit issue. That Johnson was willing to try to jump through any loophole he could see in the constitution to enact his version of Brexit does not change that.
Please, can any of those complaining about this, tell me why they would defend any other PM proroguing parliament to enact a policy, in the knowledge that majority of the Commons rejects said policy and would want time to scrutinise the government.
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
Yes, Cummings is now ready to go for all out war against the diehard Remainer establishment at the next general election, this only wins Boris more Brexit Party voters
Prediction. This judgement doesn’t change much, practically, but it is transformative in terms of mood and emotion.
That is to say: the Remainers can now smell the frying bacon of victory. They are salivating. All they can think about is bacon. There was once a time when they might have compromised with the vegetarians in the house, who abhor bacon, and maybe settled for toast and jam, but no longer. That bacon is breakfast.
The Remainers will push on and Brexit will somehow be cancelled. Lord knows what that will do to the country, but it will likely not be good. The bacon might be poisoned.
Perhaps Boris could find a way of appealing to the European Court of Justice! Know it won't happen but it would really be fun.
You cannot appeal decisions of national courts to the ECJ. National courts can only themselves refer questions of European law (of which this raised none) to the ECJ.
Prediction. This judgement doesn’t change much, practically, but it is transformative in terms of mood and emotion.
That is to say: the Remainers can now smell the frying bacon of victory. They are salivating. All they can think about is bacon. There was once a time when they might have compromised with the vegetarians in the house, who abhor bacon, and maybe settled for toast and jam, but no longer. That bacon is breakfast.
The Remainers will push on and Brexit will somehow be cancelled. Lord knows what that will do to the country, but it will likely not be good. The bacon might be poisoned.
That's not the smell of any old bacon. It's the smell of Boris's Bacon.
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
Yes, Cummings is now ready to go for all out war against the diehard Remainer establishment at the next general election, this only wins Boris more Brexit Party voters
On a point of order it should be noted whilst OGH has posted this morning it is @TSE who is presently editor of PB and his scurrilous activities are still in play.
Prediction. This judgement doesn’t change much, practically, but it is transformative in terms of mood and emotion.
That is to say: the Remainers can now smell the frying bacon of victory. They are salivating. All they can think about is bacon. There was once a time when they might have compromised with the vegetarians in the house, who abhor bacon, and maybe settled for toast and jam, but no longer. That bacon is breakfast.
The Remainers will push on and Brexit will somehow be cancelled. Lord knows what that will do to the country, but it will likely not be good. The bacon might be poisoned.
Another elegantly explained swing from you. Fantastic drama.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
All these tweets like bad al saying he lied to the queen - is that actionable?
In theory... and would be fun to watch.
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.
On the balance of probabilities, Boris probably didn't lie to the Queen.
Privy Council meetings are highly formal and stylised: more kabuki than Corrie. Johnson will not have needed to have given a reason (and in any case, didn't attend in person).
However, there's enough doubt from the evidence already available that he was being far from straight with his reasons and that while the specific claim might not be sustainable, that'd be an inaccurate detail within a wider truth.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
No sane conservative would have boosted Corbyn's chances like this.
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.
I suggested at the time that the Queen had erred. And had been seen to have erred.
Nonsense.
"It is not suggested in these appeals that Her Majesty was other than obliged by constitutional convention to accept that [the PM's] advice." Para 30 of Supreme Court judgment.
No error whatsoever on the part of the Queen, and judges explicitly clear on that.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
This current court is now clearly left liberal and political in the way the Law Lords were not, political appointment of Supreme Court justices US style by the government of the day is now inevitable and necessary
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
No sane conservative would have boosted Corbyn's chances like this.
You really do not understand how courts work, do you?
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
Yes, Cummings is now ready to go for all out war against the diehard Remainer establishment at the next general election, this only wins Boris more Brexit Party voters
"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...
Fair enough, but I'll repeat the question I posed to @isam on the previous thread, namely: what form of action do you see Boris actually *taking* to defeat Parliament/Courts/lawyers etc?
Everybody is complaining that the cat is annoying, but nobody is formulating a plan to bell it.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
This current court is now clearly left liberal and political in the way the Law Lords were not, political appointment of Supreme Court justices US style by the government of the day is now inevitable and necessary
So what would they have had to do to be unpolitical - vote the other way? Reminds me of objectors to a planning application or similar who claim the panel / committee haven't listened to them when they come to the opposite conclusion. total nonsense, they have just weighed up the pros and cons and found the other side stronger on balance, but when you are on one side it's a simple for or against.
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
Yes, Cummings is now ready to go for all out war against the diehard Remainer establishment at the next general election, this only wins Boris more Brexit Party voters
From the lead: ”it’s now surely highly likely that we will have another general election before the A50 period expires ”
Isn’t this unlikely, and almost impossible, because of time? Unless David is saying an election will emerge from the next few days?
No - the Act that parliament passed before the False Prorogation means that the PM will almost certainly now have to request an A50 extension to Jan 2020 and has no power to reject it if offered.
The 31 October deadline is, for practical purposes, dead.
Assuming the EU grant one.
And an extension to end of January makes zero sense. If they will grant one they’ll grant sufficient time for a GE or referendum resolution.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
I fundamentally disagree, but you are entitled to that opinion.
But please then answer the question I asked down thread about what is wrong about the new rule they set for prorogation, and what you would prefer in its place.
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
Yes, Cummings is now ready to go for all out war against the diehard Remainer establishment at the next general election, this only wins Boris more Brexit Party voters
It will be interesting to see whether Conservative party conference now gets cancelled. I suppose one way around would be to have a short prorogation before a Queen's Speech, timed to coincide with the conference.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
This current court is now clearly left liberal and political in the way the Law Lords were not, political appointment of Supreme Court justices US style by the government of the day is now inevitable and necessary
In two short years, you have transmogrified from mannerly Tory wet moderate to full-blown hard-right ‘reds under the bed’ Trumptonite.
For those attacking the supreme court justices and today's judgement:
How did they get it wrong, in law?
IANAL, and would be fascinated to know. As I said (just) before the judgement was revealed, it seemed to this layman to have fairly logical connections from the background to its conclusion. I know that's not everything in the law, but it would be good to know.
In the middle of all this hullaballoo the Parliament is still down to elect a new speaker so theyll be lobbying and skulldugging for a fair part of the next few weeks as well.
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
I also do not see that this hurts Johnson. Perhaps it even helps. It feeds the "Me against the Remainer Establishment' narrative that (we are told) he is seeking to build.
Yes, Cummings is now ready to go for all out war against the diehard Remainer establishment at the next general election, this only wins Boris more Brexit Party voters
Ok. But can Boris actually arrange an election before October 31st? Because if he doesn't, and we remain in the EU past October 31st, he is dead politically.
The challenge facing Corbyn is triggering a VOC vote without setting in chain an early GE.
Quite
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?
Tehcnically, it can, just.
You only need the 14-day window after a VoNC. A dissolution motion could move straight to the election period. If that were tabled today, the election could be held on Oct 31.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
No sane conservative would have boosted Corbyn's chances like this.
You really do not understand how courts work, do you?
Ever heard of the US Supreme Court?
But because of our tradition of "apolitical" judges, these ones have essentially had free reign to torpedo the Government over an otherwise inconsequential matter.
Judges should not be allowed to render decisions of such colossal political effect.
It will be interesting to see whether Conservative party conference now gets cancelled. I suppose one way around would be to have a short prorogation before a Queen's Speech, timed to coincide with the conference.
If the government resigns tonight or tomorrow morning and leaves Parliament/Speaker/Courts to try and govern the country there's no reason they can't hold their conference?
Oh, don't panic everyone. Eleven of the most senior judges in the land (including a couple who found against Miller in a dissenting judgment, so can't for one second be accused of Remain bias) have unanimously roasted the Government and PM personally. But Britain's preeminent judicial scholar, B Johnson Esq., has opined that they are wrong, so that settles it.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
This current court is now clearly left liberal and political in the way the Law Lords were not, political appointment of Supreme Court justices US style by the government of the day is now inevitable and necessary
As usual you have not addressed the point. I agree it is likely inevitable but you have no proof of their political leanings other than you dont like the decision.
By your logic if theyd found in favour of the government they would be clearly right leaning conservatives and all 11 should be replaced. They cannot win.
And Since I gave reasons why I could see and accept the government winning you cannot claim that my view is because I like the decision.
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
This current court is now clearly left liberal and political in the way the Law Lords were not, political appointment of Supreme Court justices US style by the government of the day is now inevitable and necessary
There are none so blind as those who will not see.
This is not about the Supreme Court it is about a dangerous, reckless PM who simply breaks or ignores all the rules he does not approve of. If you can not see that, then you can not understand anything.
From the lead: ”it’s now surely highly likely that we will have another general election before the A50 period expires ”
Isn’t this unlikely, and almost impossible, because of time? Unless David is saying an election will emerge from the next few days?
No - the Act that parliament passed before the False Prorogation means that the PM will almost certainly now have to request an A50 extension to Jan 2020 and has no power to reject it if offered.
The 31 October deadline is, for practical purposes, dead.
Only if the EU accept the case for an extension, surely? Extension until end of Jan 2020 doesn't give enough time for a referendum so it would have to be longer (probably end of March).
Yes the diehard Remainers will enjoy their moment in the sun (though US style political appointments of Supreme Court justices are now inevitable)...
Why ?
The Supreme Court is now clearly a political body and more conservative judges need to be appointed by the Lord Chancellor
You have no proof that every member of the court does not vote conservative. It's very probable many of them do. Disagreement on the law does not indicate if they left or right.
This current court is now clearly left liberal and political in the way the Law Lords were not, political appointment of Supreme Court justices US style by the government of the day is now inevitable and necessary
Having read the judgment (I agree with others’ comments on this thread that it’s a fantastic clear piece of writing) I really struggle to see any steps in the reasoning that can be categorised as left-liberal or political. Of course you can always argue that a ruling that a politician’s actions are illegal is political by virtue of thwarting those actions, but if you follow that to its logical conclusion then you would conclude that politicians should be free to break any law they choose unfettered by the courts - that seems a risky place to end up.
Which parts of the judgment did you feel showed the left, liberal and political tendencies and how would a ‘conservative’ justice have ruled differently on those points?
Comments
A similar example, if a jury finds Mr A guilty, but the appeal court upholds the appeal, then there is no comeback against the jury. It is possible that Mr A is awarded financial compensation, but that won't happen as a result of today's SC ruling.
The 31 October deadline is, for practical purposes, dead.
https://twitter.com/DPJHodges/status/1176465610185814016
@TSE must consider his position and resign.
However (sadly) I agree with your assessment of the electoral impact. If anything I think it helps the crim.
And had been seen to have erred.
Perhaps we should erect a statue of Lady Hale?
So why is this a Brexit angle from you ?
That is to say: the Remainers can now smell the frying bacon of victory. They are salivating. All they can think about is bacon. There was once a time when they might have compromised with the vegetarians in the house, who abhor bacon, and maybe settled for toast and jam, but no longer. That bacon is breakfast.
The Remainers will push on and Brexit will somehow be cancelled. Lord knows what that will do to the country, but it will likely not be good. The bacon might be poisoned.
Shes done more for democracy than the hordes of 'bring back control' Brexiteers.
Please, can any of those complaining about this, tell me why they would defend any other PM proroguing parliament to enact a policy, in the knowledge that majority of the Commons rejects said policy and would want time to scrutinise the government.
The sun is shining*, the birds are singing (somewhere probably), music sounds just that bit sweeter, I've got a game of football later.
Life is beautiful
*Clouds and rain technically but all I see is glorious sunshine.
Breakfast means breakfast
Even allowing the premise of your question, you're ok with political courts as long as they're in your favour?
Idiot
You are Judge Kavanagh and I claim my $10 compensation
They cheated you.
Begs question, how?
Privy Council meetings are highly formal and stylised: more kabuki than Corrie. Johnson will not have needed to have given a reason (and in any case, didn't attend in person).
However, there's enough doubt from the evidence already available that he was being far from straight with his reasons and that while the specific claim might not be sustainable, that'd be an inaccurate detail within a wider truth.
https://twitter.com/SamCoatesSky/status/1176469419519819782
"It is not suggested in these appeals that Her Majesty was other than obliged by constitutional convention to accept that [the PM's] advice." Para 30 of Supreme Court judgment.
No error whatsoever on the part of the Queen, and judges explicitly clear on that.
https://twitter.com/goodwinmj/status/868562780990959621?s=21
https://www.telegraph.co.uk/news/2017/06/11/politics-professor-eats-book-live-air-promising-eat-words-labour/
Everybody is complaining that the cat is annoying, but nobody is formulating a plan to bell it.
And an extension to end of January makes zero sense. If they will grant one they’ll grant sufficient time for a GE or referendum resolution.
But please then answer the question I asked down thread about what is wrong about the new rule they set for prorogation, and what you would prefer in its place.
How did they get it wrong, in law?
IANAL, and would be fascinated to know. As I said (just) before the judgement was revealed, it seemed to this layman to have fairly logical connections from the background to its conclusion. I know that's not everything in the law, but it would be good to know.
Or, as IANAL, perhaps I've misunderstood things.
VONC or resignation?
But the Gov't has got 5 days of prorogation left I think.
You only need the 14-day window after a VoNC. A dissolution motion could move straight to the election period. If that were tabled today, the election could be held on Oct 31.
But because of our tradition of "apolitical" judges, these ones have essentially had free reign to torpedo the Government over an otherwise inconsequential matter.
Judges should not be allowed to render decisions of such colossal political effect.
https://twitter.com/SAThevoz/status/1176470848129122304
By your logic if theyd found in favour of the government they would be clearly right leaning conservatives and all 11 should be replaced. They cannot win.
And Since I gave reasons why I could see and accept the government winning you cannot claim that my view is because I like the decision.
This is not about the Supreme Court it is about a dangerous, reckless PM who simply breaks or ignores all the rules he does not approve of. If you can not see that, then you can not understand anything.
Which parts of the judgment did you feel showed the left, liberal and political tendencies and how would a ‘conservative’ justice have ruled differently on those points?