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.

we are effectively being ruled by unelected court representatives

Except that in the real world what is actually happening is that tomorrow our parliament, the one with the representatives that we voted for, will be back in action making laws again.

The courts made no decision other than parliament should not have been prorogued. The issue of Brexit is for parliament to deal with.

This is the damage Remainers, by refusing to accept the 2016 result, have done to our democracy.

No chance!

If leaving the EU is so great, why aren’t leavers prepared to own what they voted for, and the fallout?

Ugh I hate this crap about “unelected” judges. You want a system where judges are politicised, campaigning on a policy ticket and then deciding cases according to their resulting political mandate? Where Supreme Court justices are political appointees hand-picked by a president on the basis that they will agree with him? Then go to the USA.

I will stick with our diligent, conscientious, independent judiciary, deciding cases on the law alone and without fear or favour, for as long as we are lucky enough to have them.

I thought asserting the sovereignty of Parliament is what leavers wanted?

Who wants to be half in,half out .
Pay but no vote.
Left to let them tell us when we can go.
Sod that.lets just get out.

PMK thanks!

Yes, will these 'elected judges' be Labour Judges, Tory Judges, Monster Raving Loony Judges, etc?

well, having been for a day out in la belle France today, I've missed all of this thread and havent a kitten in hell's chance of catching up.

All I can say is: Johnson et al: ha bloody ha, you had it cumming (see what I did there?) and hope for clarity come the morning. Sanity would presumably be too much to hope for.

France was lovely, very civilised, very calm, and I spent a fortune on bringing my red wine stash up to date to cope with the coming weeks. Also treated myself to some very expensive french perfume I have hankered after for years, on the grounds that I can get pissed and still smell heavenly.

Ugh I hate this crap about “unelected” judges. You want a system where judges are politicised, campaigning on a policy ticket and then deciding cases according to their resulting political mandate? Where Supreme Court justices are political appointees hand-picked by a president on the basis that they will agree with him? Then go to the USA.

I will stick with our diligent, conscientious, independent judiciary, deciding cases on the law alone and without fear or favour, for as long as we are lucky enough to have them.

This x100

greener You are the one missing the point:

The phrase "MPs are representatives, not delegates"
is the classic phrase used to explain the role of MPs to those who don't understand the UK system

You can read Parliament's definition of an MP's duties here:

https://publications.parliament.uk/pa/cm200607/cmselect/cmmodern/337/33706.htm

'The first duty of a member of Parliament is to do what he thinks in his faithful and disinterested judgement is right and necessary for the honour and safety of Great Britain.

His second duty is to his constituents, of whom he is the representative but not the delegate.

Burke's famous declaration on this subject is well known.

It is only in the third place that his duty to party organization or programme takes rank.

All these three loyalties should be observed, but there in no doubt of the order in which they stand under any healthy manifestation of democracy.' Sir Winston Churchill on the Duties of a Member of Parliament.[4]

Oooh, what did you buy yolo?

I am still of the view that the Common Law tends to be self-correcting, but I don't think all the ramifications of today's judgment are visible yet. It is worth remembering that the Supreme Court is a relatively new creation (established 10 years ago), before which the House of Lords would have considered a judicial review. It has relatively few powers, but over the last decade there has definitely been what some people might describe as mission creep. Today's ruling will definitely put fuel on that fire for those who are concerned about this and whose primary interest in constitutional law, rather than Brexit

There will have to be a formal review. The SC have made a very serious and grave error, we are likely to see this play out for years.

@LarkDescending
You are so right.

Mackers No actually Xi bangs on about rule by law, the Chinese law system is very explicit that it is a tool of government, and always has been. It is more organic than legalistic. In the Confucian system it was the duty of the literati elite (who had passed the civil servants exams) to act as a check and balance on the Emperors power , a duty they continue to try to fulfil. 😰

Sorry link ohrh.law.ox.ac.uk/le-droit-cest-moi-xi-jinpings-new-rule-by-law-approach/

I sensed there was a problem when the other SJs did not turn up, and just sent in written notes. This was very unusual too.

Could you elaborate on this, with citations?

maud Balenciaga Flora Botannica!! I've wanted it for years and years, and DH work trips seem to somehow involve small airports which 'dont stock it' (yeah, like he doesnt fly out of Gatwick!!)

The first duty of a member of Parliament is to do what he thinks in his faithful and disinterested judgement is right and necessary for the honour and safety of Great Britain.

And on this many of the MPs are failing, they have been instructed to exit the EU, and they should deliver this as soon as possible. They are causing great harm to our country both economically and democratically by wishing to overthrow the result.

Thinking of Hong Kong, Emily, where the high and mighty appointed puppet lectures the brilliant young people about their duty to obey the law when she has lots of legality but absolutely no legitimacy.

Nice choice

Oh dear. Do we need to go over old ground?

The first Miller Case ruled that the referendum was advisory only, as all referendums in the UK can only ever be. It was the duty of the Cameron govt. (remember him?) to carry out his manifesto promise, which no sucessor could be bound by.

Ugh I hate this crap about “unelected” judges. You want a system where judges are politicised, campaigning on a policy ticket and then deciding cases according to their resulting political mandate? Where Supreme Court justices are political appointees hand-picked by a president on the basis that they will agree with him? Then go to the USA.

This is on record as being a long term goal of parts of the Tory Party right for a long time.

No real lawyer or anyone with any real knowledge of UK politics would be so ignorant about the difference between a delegate or a representative in respect of the WM parliamentary democratic system (the same system that is in place at all levels of UK democracy).

Yes, I know, I should remember to ignore Grass's posts (it happened to catch my eye as I scrolled past ). He's obviously not been properly briefed

I wonder if he'll be back once he's been re-programmed to understand the difference between delegates and representatives?

er i just got in from busy day work no break and there are 35 new pages!

so it was all illegal?? Has johnson resigned yet?!

Someone update me!

I wonder if he'll be back once he's been re-programmed to understand the difference between delegates and representatives?

Probably runs on Windows XP.