Westministenders: Boris Johnson Broke The Law

[RedToothBrush]

ITS OFFICIAL
The Highest Court in the Land has ruled that Boris Johnson has broken the law.

Parliament is Sovereign.

Despite the calls for his resignation it is highly unlikely he will under the current political climate.

It must be stressed that the judgement was UNAMINOUS and went further than most expected, and took the hardest possible line again the government

The power now lies with the Speakers of the Lords and Commons to decide when Parliament reopens.

It also means that all the bills which were ended by proroguation are now back in play.

Expect a full backlash from the hard right attacking the courts are going full on 'enemies of the people'. This will be NASTY

The strength of this ruling does pretty much rule out another proroguation as the courts are liable to throw it out immediately if they try it on again.

Johnson is in New York. He needs to get on a plane very quickly.

PARLY @PARLYapp
The House of Lords will sit tomorrow at 3pm.

No rush lads.

I’m not a lawyer but it sounds like an ultra vires situation. If so that means eg

Ultra vires is a Latin phrase meaning "beyond the powers". An act which requires legal authority but is done without it is characterised in law as ultra vires. Its opposite, an act done under proper authority, is intra vires ("within the powers"). Acts that are intra vires may equivalently be termed "valid" and those that are ultra vires "invalid".
en.m.wikipedia.org/wiki/Ultra_vires

He’s done something invalid he didn’t have the power to do. He hasn’t broken a specific law, he’s gone beyond the law with only his own say-so to back him up. Hence it has to be undone.

That’s bad enough if you are the local council trying to sell off a football pitch but FFS he is the Prime Minister of a democratic country. He should be upholding the rule of law not trying to personally make the law- that’s for dictators.

Secondly the fact is this advice misled the Queen into proroguing who has to accept the PMs advice. For compromising democracy and the Crown surely he has to go.

This isn’t one of his silly gaffes he can just shrug off, it is really, really serious. I think he should resign, how can he come back from this?

You would think so, but if Cummings is anywhere near as intelligent / cunning as many people credit him to be, Cummings would surely have an 'insurance policy' (aka major dirt) against Johnson's famous opportunism?

Unless he likes little girls or little boys (and there is absolutely no reason to believe that he does) would any indiscretion be enough? Hard to use dirt against a prime minister who is so widely believed to be sleazy and dishonest that revelations that he is, in fact, sleazy and dishonest, are barely newsworthy.

Stewart Jackson Retweeted
Bruce Lawson @Sapere_vivere
Lots of Remainers on here doing cartwheels over the Supreme Court ruling but I think the consequences of this are going to play out very badly for them in the court of public opinion.

Keep your eyes out for these comments, whilst you absorb the Supreme Court Ruling.

Someone in twitter is already promoting black T-shirts with a sparkly spider on the right shoulder and they are selling like hot cakes.

"No law has been broken" is obviously the new empty slogan to be imprinted, by constant repetition, upon the faithful

in the kangaroo court of public opinion.

FTFY

"The law has not been broken,"
The PM acted unlawfully
He prorogued in a way that is not allowed under our constitution

"We have a very very serious problem now."
Yes, some Leavers who claimed Brexit was to restore the supremacy of the Uk Parliament and the UK courts now refuse to accept the authority of either

"Regardless whether you are remain or leave you should be feeling very worried about this development."
Nope, I would have been worried if the judges had backed away because of the political storm and left the PM above the law
I am very relieved that the PM is not above the law

I fear he doesn't care about anything but getting his way, he won't feel shame, but rather he'll go on the attack. I hope I'm wrong but I don't think he'll resign.

The question is - what will moderate Tories do? How can they stay in the party now? When will enough be enough for them?

but I think the consequences of this are going to play out very badly for them in the court of public opinion.

This is such a dumb take unless you can explain to me in what way the consequences of the Govt winning the case would have been better.

@FeminismandWomensFights Boris Johnson has not been found acting ultra vires. Prorogation is always called by the PM at a time of their choosing, so it is very much within their powers. The issue is that the prorogation period is longer than normal (though not the longest ever) and that there was no defence justification for that period. The defence argued on the simple grounds that this matter is political and ultra vires for the judiciary, so they should not rule on it. In the end, they chose to rule that it was unlawful, thereby implying that it was within their powers to pass judgment on the length of prorogation and the justification for prorogation. This could mean that, in future, all perorations have to be short or justified, but it could open up a can of worms whereby every prorogation and many other decisions traditionally made by the executive alone become subject to judicial examination and judgment. This is potentially very dangerous for the balance of power, but on the whole the common law system in this country tends to balance itself out in the end.

LarkDescending* thanks for the info on costs being apportioned for lawyers working pro bono. Can’t imagine that the entire legal team would have come for free - suspect Mishcon de Reya don’t generally come cheap either.

This was positive news to wake up to on this side of the pond, unless you are BJ.
It isn't about Brexit it is about the ability of government to suspend parliament when it doesn't want its scrutiny.
This is a terrible idea regardless of your views on Brexit.
The courts aren't stopping Brexit, parliament has had several opportunities to vote for Brexit, the fact it cannot agree a Brexit plan is nothing to do with the courts.

2 things;

1. Who the fyck is that irritating person shouting in the background of the live reporting?

1. Does John Bercow speak like he is in parliament when he is at home chatting about stuff.

And I agree, wholeheartedly that Trump is ow going to treat BJ like a turd

An amazing, historical day and a relief too

Boris Johnson will simply go to the palace with a request with slightly different wording.

Yes of course, Miller or similar may take him back to court, and we continue this way until the 1st of November.

consequences of this are going to play out very badly for them in the court of public opinion

I think RTB has just accidentally discovered the Twitter handle of grass

Interview on sky

Boris:
I strongly disagree. I am unhappy. Blah blah blah. Says nice things about court. Brexit frustrated. Parliament cant be prorogued. Cant do this and that.

Waffle waffle plums waffle.

Wah wah. I can't do what I want cos the meanies keep holding me to account.

As the law stands we leave on 31st Oct

Journo: But as the law stands you can't.

Boris: We are leaving on the 31st Oct cos thats what the law says we are doing.

I may be paraphrasing a bit here.

In a very very divided country like we currently are in the UK, literally any decision made about whether we leave or don’t will go down like a cup of cold sick with some people.

However, I would much rather that the decisions made don’t include food and medicine shortages and subsequent civil unrest ie the inevitable no deal chaos.
When things are as fucked as this I think public unhappiness will have to be judged to be relative. If people are unhappy with democracy that’s their problem, by Parliament sitting again that is restoring democracy and representation of the people so literally nobody should be against Parliamentary debate.

Protest song of yore (60s)

So. Will there be PMQs tomorrow?

Hard to use dirt against a prime minister who is so widely believed to be sleazy and dishonest that revelations that he is, in fact, sleazy and dishonest, are barely newsworthy.

That's a good point. What dirt could possibly be dirty enough to have any effect on a PM who has been found to be working outwith the law and publicly slapped down and who is still brazen enough to not resign?

The police were called to his house over a domestic dispute in the leadership challenge. He's moved his mistress into No10. He doesn't admit to all the illegitimate children he's fathered. We've all heard the recording where he conspires to beat up a journalist. We all know he got fired from journalist jobs for lying. We all knew what a sleaze he was and he walked into power anyway. What could Cummings possibly have on him that would turn the tide if all that hasn't already?

it could open up a can of worms whereby every prorogation and many other decisions traditionally made by the executive alone become subject to judicial examination and judgment

You say that like it's a Bad Thing ...

Anyway, from memory, didn't David Cameron almost do something worthwhile as PM, when he decided to ask parliament to vote on attacking Syria, and they rejected it ? It caused quite a buzz at the time as previously, invoking military action was a prerogative of the Monarch ? So there's been a move to give prerogative more oversight for a while

Rupert Myers@RupertMyers
Please don’t turn Lady Hale into a political figure.

It’s childish and short-sighted. Today was about the law. You make the supreme court’s job harder when you personalise this or try to adopt its judges as your cause’s heroes.

No rush lads.

Am midway through thread catch-up, been in meetings since before 9 so i'll finish off later, but wanted to post a quick reaction and a plea.

Quick reaction: Tricky to put into words tbh. I'm a bit shocked that the Justices made such a clear ruling that prorogation was unlawful and that they did so unanimously. Had half expected that there would be some form of fudge that it wasn't "proper" but it wasn't unlawful either. That said, I'm pleased that parliament will now sit again, as I believe it should have throughout. Our PM cannot act as though he is above the law.

My plea: Fellow leave posters. 2 points.

1st: I think Lady Hale made it v clear last week and I'm sure she's done so again today that the judge's decision is not about "stopping Brexit!" Claiming that it is does the Leave side of this debate no credit at all. Anyone claiming that, please stop, now.

2nd: Parliament will now sit again. This is not "a bad thing". That's what parliament should be doing. I'll criticise our MPs for what they do or don't do, but to claim that they shouldn't be meeting tomorrow is absolutely wrong. Anyone who's doing that, just stop.

When the UKSC have emphatically ruled the prorogation unlawful (so they should be sitting now) Parliament must reconvene ASAP.

Thank you Genevieva