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"the dictum of Lord Sumption," among others, is cited three times in Cherry. The first time with respect to the scope of judiciable royal prerogative, proscribed by tests of lawful public acts.
A prerogative decision may be the subject of a judicial review [citation her omitted] ...Whether the issue is ultimately justiciable will depend upon the subject matter [citation her omitted] ...As a generality, decisions which are made on the basis of legitimate political considerations alone are not justiciable (Shergill v Khaira[2015] AC 359, Lords Neuberger, Sumption and Hodge at para [40];Gibson v Lord Advocate1975 SC 136, Lord Keith at 144). It is not possible to apply to such decisions the public law tests of reasonableness (Council of Civil Service Unions vMinister for the Civil Service: re GCHQ (supra) Lord Diplock at 411), impartiality (McClean v First Secretary of State[2017]EWHC 3174 (Admin),Sales LJ at paras [21] and [22]) or fettering of discretion (R (Sandiford) v Secretary of State for Foreign Affairs[2014] 1 WLR 2697). In this case, if the challenge was based upon these judicial review considerations or similar matters, it would not be justiciable.
Over all, the meaning of "legitimate political considerations" seems to be a trope denoting any enacted authority exercised by an elected ahh minister.

Be that as it may or may not, citations of Lord Sumptions opinions or judgments on the matter of royal prerogatives in 2015 (not even precedent) are given to justify claims that Johnson's exercise of prorogation is not judiciable. Which is further reason to note, Sumption should have kept his contradictory "suggestions" shut to the presses rather than spoil current deliberation of presiding "Law Lords" and general "apprehension" (read: fear) of their subscribers.

Diversity is the key to economic and political evolution.

by Cat on Mon Sep 16th, 2019 at 03:45:33 PM EST
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