The Daily Parker

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The institutions held; but at what cost?

In an unprecedented decision, the UK Supreme Court ruled today that PM Boris Johnson misled the Queen when asking her to prorogue Parliament, rendering the prorogation unlawful and void:

The unanimous judgment from 11 justices on the UK’s highest court followed an emergency three-day hearing last week that exposed fundamental legal differences over interpreting the country’s unwritten constitution.

“It is for parliament, and in particular the Speaker and the Lord Speaker, to decide what to do next. Unless there is some parliamentary rule of which we are unaware, they can take immediate steps to enable each house to meet as soon as possible. It is not clear to us that any step is needed from the prime minister, but if it is, the court is pleased that his counsel have told the court that he will take all necessary steps to comply with the terms of any declaration made by this court," [said Lady Hale, president of the Supreme Court].

The court stopped short of declaring that the advice given by Johnson to the Queen was improper. It was a question. they said, they did not need to address since they had already found the effect of the prorogation was itself unlawful.

Speculation before the ruling was that the court would find against the prime minister; that they were unanimous came as a surprise.

Speaker John Bercow, in consultation with his counterpart in the Other Place and with party leaders across the House, said the House of Commons would sit tomorrow at 11am. According to the Parliamentary Calendar as of this writing (15:40 BST), nothing has been calendared, but it seems likely that things will be lively.

Guardian editor Martin Kettle hails the ruling as a triumph of Parliament:

The power to prorogue parliament has now followed, in effect, the power to make war and to make treaties. All were once prerogative powers exercised in the past by ministers on behalf of the crown, but without parliamentary scrutiny. That is no longer possible. The process that began in the court of appeal in the 1960s under Lord Reid – the development of judicial review of public law – reached its ultimate and triumphant goal this morning.

Constitutionally, this is a magisterial landmark in the assertion of parliamentary sovereignty against the residual power of the crown and ministers. But it also bolsters parliament against all the other forces that claim to have higher authority too – from referendums to the tabloid press to the crowds in the streets.

If he's correct, Parliament has the power (but not necessarily the political capital) to ignore the Brexit referendum, or call a new one, or hold an election where that's the principal question.

Seven times Johnson has challenged the institutions of the UK since becoming Prime Minister, and seven times he's lost. Leader of the Opposition Jeremy Corbyn suggested Johnson "consider his position," which is English for "resign now."

Of course, Johnson won't do that he believes he can win the next election, which will without doubt take place before the end of November. He may be right. This Parliament could win every battle and lose the war, but only because the next Parliament lets it happen.

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