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Was the advice lawful?

55. Let us remind ourselves of the foundations of our constitution. We live in a representative democracy. The House of Commons exists because the people have elected its members. The Government is not directly elected by the people (unlike the position in some other democracies). The Government exists because it has the confidence of the House of Commons. It has no democratic legitimacy other than that. This means that it is accountable to the House of Commons -and indeed to the House  of  Lords -for its actions,  remembering always that the actual task of governing is for the executive and not for Parliament or the courts. The first question, therefore, is whether the Prime Minister's action had the effect of frustrating or preventing the  constitutional role [?] of [the Crown in] Parliament in holding the Government to account.

< wipes tears >
58.The next question is whether there is a reasonable justification for taking action which had such an extreme effect upon the fundamentals of our democracy. Of course, the Government must be accorded a great deal of latitude in making decisions of this nature. We are not concerned with the Prime Minister's motive in doing what he did. We are concerned with whether there was a reason for him to do it. It will be apparent from the documents quoted earlier that no reason was given for closing down Parliament for five weeks.
here it comes, the 4 memo schedule conflict ...

Diversity is the key to economic and political evolution.
by Cat on Tue Sep 24th, 2019 at 05:37:03 PM EST
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15. On 28thAugust 2019 [...] We know that in approving the prorogation, Her Majesty was acting on the advice of the Prime Minister. We do not know what conversation passed between them when he gave her that advice. We do not know what conversation, if any, assembled Privy Counsellors before or after the meeting. We do not know what the Queen was told and cannot draw any conclusions about it.
inadmissible

Diversity is the key to economic and political evolution.
by Cat on Wed Sep 25th, 2019 at 12:57:09 AM EST
[ Parent ]
30.Before considering the question of justiciability, there are four points that we should  make clear at the outset. First, the power to order the prorogation of Parliament is a prerogative power: that is to say, a power recognised by the common law and exercised by the Crown, in this instance by the sovereign in person, acting on advice, in accordance with modern constitutional practice. It is not suggested in these appeals that Her Majesty was other than obliged by constitutional convention to accept that advice. In the circumstances, we express no view on that matter. That situation does, however, place on the Prime Minister a constitutional responsibility, as the only person with power to do so, to have regard to all relevant interests, including the interests of Parliament.

31.Secondly, although the courts cannot decide political questions, the fact that a legal dispute concerns the conduct of politicians, or arises from a matter of political controversy, has never been sufficient reason for the courts to refuse to consider it. ...



Diversity is the key to economic and political evolution.
by Cat on Wed Sep 25th, 2019 at 01:10:56 AM EST
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