Those who think the courts might prevent the prorogation of Parliament should think again. The most fundamental rule of English and Scotch law is that the Queen can do no wrong and she personally prorogued Parliament. Courts only have powers given them by the Crown and they cannot review the Sovereign's actions. She could kill a man and it would not be illegal though it would trigger a constitutional crisis.
Litigants are asserting not that the Queen did something illegal, which is impossible, but was improperly advised by her ministers but, even if these very far fetched lawsuits had any success, she still has the power to make what decision she wishes.
Litigants are asserting not that the Queen did something illegal, which is impossible, but was improperly advised by her ministers but, even if these very far fetched lawsuits had any success, she still has the power to make what decision she wishes.
I wrote on 25 July: "Boris should prorogue Parliament before the recess ends in September until 1 November. That way no deal happens automatically unless the EU offers an acceptable deal. That would shoot the Remainers' fox."
ReplyDeleteThe most fundamental rule of English and Scotch law is that the Queen can do no wrong
ReplyDeleteI have some sympathy for that view. She is Queen by the Grace of God and is therefore above the law.
But it is extraordinary that in the 21st century we are seeing a reassertion of the principle that ultimate power rests, not just in principle but in practice, in the hands of the Queen anointed by God. It's an overturning of the entire liberal project.
What I'm wondering is whether Leavers understand all the implications of this. Does Boris Johnson understand the implications? I fear that he does.
What implications do you have in mind?
DeleteWhat implications do you have in mind?
DeleteIf Parliament is exposed as being not merely corrupt and self-serving but also irrelevant and ultimately powerless then the logical next step is a move towards more of a presidential system in which Parliament is merely a rubber stamp.
I'm sure Boris Johnson would love this. Especially with himself as de facto president.