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Politics, politics, politics (so long and thanks for all the fish)

Doesn't really make much difference. It was going to the Supreme Court one way or another.

Gives the noisy minority something else to shout about for a few days, I suppose.

Im unclear how its unlawful, Id be interested in seeing the why etc.

Either way, if it is simple noise and the Supreme court bats it away, it matters not - it still gives the remain camp the fire and pr they need for now.
 
Im unclear how its unlawful, Id be interested in seeing the why etc.

Either way, if it is simple noise and the Supreme court bats it away, it matters not - it still gives the remain camp the fire and pr they need for now.
They appear to have claimed that parliament was prorogued for the wrong reason. What I suspect the SC will tell them (assuming that's not been stuffed with remainders uninterested in the proper rule of law too) is that there is no wrong reason to prorogue and that it therefore can't be illegal.

Of course, if the SC also decides that there was nothing in the documents provided by the government to show their sound reasoning for proroguing and also decides that's justiciable (it's not), then all Johnson has to do is send an email to the privy council spelling out some reason and go back to the Queen.
 
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They appear to have claimed that parliament was prorogued for the wrong reason. What I suspect the SC will tell them (assuming that's not been stuffed with remainders uninterested in the proper rule of law too) is that there is no wrong reason to prorogue and that it therefore can't be illegal.

That does seem pretty tenuous.

Though my point remains (pun not intended), whether or not it is batted away later, it fans the flames right now...
 
So it seems that this ruling is fairly solid in Scotland where there are some differences in constitutional law to that in England. For the same reason it appears to have always been doomed to fail in the SC here.

So bringing this case in Scotland was about nothing more than headlines and giving the noisy minority something else to shout about for a few days. What a fudging waste of everyone's time.
 
So two sets of judges say the proroguing was legal, and one say it was not legal

Isn't this like referendums - keep seeking them till you get the answer you want?

I'm slightly uncomfortable with the legal profession becoming politicised like this. The executive, legislative and judiciary have very discrete roles for very good reasons.
 
The English court has just issued a statement explaining why the Scottish court is incorrect:

The court concludes on well established and conventional grounds that the claim is non justiciable - that is, it is not capable of being determined by the courts.

A decision to prorogue parliament is a prerogative power, a discretionary power still in the hands of the crown. Such a decision is formally made by the Sovereign on the advice of the privy council. By constitutional convention the sovereign invariably acts on the advice of the prime minister ...

The criteria adopted by the courts for identifying non-justiciable exercises of prerogative power are whether they involve matters of high policy or are political. In this way the courts have marked out the separation of power between the judicial and the executive branches of government, a fundamental feature of our unwritten constitution. In this context the essential characteristic of a political issue is the absence of judicial or legal standards by which to assess the legality of the executive’s decision or action ...

The claimant’s novel and wider legally enforceable concept of parliamentary sovereignty, distilled to its essence as the ability of parliament to conduct its business unimpeded, is not supported by the passages from the authority relied on ...

The constitutional arrangements of the United Kingdom have evolved to achieve a balance between the three branches of the state; the relationship between the executive and parliament is governed in part by statute and in part by convention. Standing orders of both houses elaborate the procedural relationship between the executive and parliament. This is territory into which the courts should be slow to intrude by recognising an expanded concept of parliamentary sovereignty.

https://www.judiciary.uk/wp-content/uploads/2019/09/Summary-Miller-v-The-Prime-Minister-1.pdf
 
More proof that the world has gone nuts, all the social workers, kissy kissy flimflam makers and the " everyone deserves to be treated the same merchants" need to wake up and get off their high podium and get back into the real world.

I blame the likes of the BBC they and many many other are straitjacketed by the PC phalanx that holds sway over everybody now!
 
More proof that the world has gone nuts, all the social workers, kissy kissy flimflam makers and the " everyone deserves to be treated the same merchants" need to wake up and get off their high podium and get back into the real world.

Liked on account of this phrase making me laugh out loud. But I do agree of course...
 
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