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That for your royal prerogative!

by IdiotSavant Tue Sep 24th, 2019 at 10:24:29 AM EST

The UK Supreme Court has unanimously ruled that Boris Johnson's suspension of parliament was unlawful:

In a unanimous verdict, the court has ruled that Johnson's decision to prorogue parliament can be examined by judges, overturning the ruling of the high court in London.

[...]

Then, giving the court's judgment on whether the decision to suspend parliament was legal, Hale said: "This court has ... concluded that the prime minister's advice to Her Majesty [ to suspend parliament] was unlawful, void and of no effect. This means that the Order in Council to which it led was also unlawful, void and of no effect should be quashed.

"This means that when the royal commissioners walked into the House of Lords [to prorogue parliament] it was as if they walked in with a blank sheet of paper. The prorogation was also void and of no effect. Parliament has not been prorogued."


It is now up to the UK parliament to decide what to do next. Which is as it should be. In the Westminster system, the elected legislature is supreme, and the executive ultimately subordinate to it. Fortunately, this time parliament hasn't had to cut anybody's head off to prove it.

Meanwhile, if the prorogation was unlawful, then the attempt to prorogue constitutes an unlawful interference with parliament's business. And that's the very definition of contempt, and Boris Johnson and his clique should be held accountable for it.

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by Cat on Tue Sep 24th, 2019 at 11:41:26 AM EST
Appointments to the Supreme Court: 24 July 2019
The Queen has approved the appointment of Lord (Robert) Reed as the next President of Supreme Court, alongside three new Justices.
[...]
The Rt Hon Lord Reed will succeed Baroness Hale of Richmond as President of the Supreme Court of the United Kingdom, alongside three additional appointments as Justices.

The Queen has been pleased to confer a peerage of the United Kingdom for Life on Lord Reed upon his appointment as the President of the Supreme Court in recognition of the contribution that he has made to law and justice reform.

Lord Reed will take up the position of President on 11 January 2020. Lord Justice Hamblen, Lord Justice Leggatt and Professor Andrew Burrows will join the Supreme Court as justices on 13 January, 21 April and 2 June 2020 respectively.



Diversity is the key to economic and political evolution.
by Cat on Tue Sep 24th, 2019 at 11:51:06 AM EST
Fortunately, the appointment of judges is well defined. Judge Reed was already the deputy of Lady Hale, the currentPresident. Per Wiki:
Judges of the Supreme Court are appointed by The Queen by the issue of letters patent,[7] on the advice of the Prime Minister, to whom a name is recommended by a special selection commission. The Prime Minister is required by the Constitutional Reform Act to recommend this name to the Queen and not permitted to nominate anyone else.


"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Sep 24th, 2019 at 06:21:27 PM EST
[ Parent ]
In the Westminster system, the elected legislature is supreme, and the executive ultimately subordinate to it.

And yet, the PM is a functionary of parliament. Apparently the supreme court is supreme, and parliament ultimately subordinate to it.

by asdf on Tue Sep 24th, 2019 at 03:18:29 PM EST
On the contrary. The Supreme Court has arbitrated between the executive and parliament, finding that the Prime Minister had exceeded his unwritten prerogatives.

Johnson asserted, by proroguing Parliament, that his government was supreme. If there were no independent arbiter, that would effectively be the case.

If he chooses to ignore the ruling, then it's a coup d'état.


It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Tue Sep 24th, 2019 at 04:24:02 PM EST
[ Parent ]
Corbyn calls on Johnson to apologise to Queen and country - Guardian
Jeremy Corbyn has called for Boris Johnson to apologise to the Queen and the country for unlawfully suspending parliament to stop scrutiny of his Brexit strategy.

The Labour leader said the prime minister had abused the powers he has of the use of the royal prerogative and this was a very, very serious matter.

Speaking on the BBC Today programme, Corbyn said it should have been obvious that it was a "pretty risky" decision to suspend parliament and reiterated his call for Johnson to resign.

"I think he should apologise to her [the Queen] for the advice he gave her and more importantly he should apologise to the British people for what he has done in trying to shut down our democracy at a crucial time when people are worried about what will happen on 31 October," he said.


Of course, De Pfeffle does never never apologize.
by Bernard on Wed Sep 25th, 2019 at 12:39:27 PM EST
[ Parent ]


Diversity is the key to economic and political evolution.
by Cat on Wed Sep 25th, 2019 at 12:41:59 PM EST
[ Parent ]
Corbyn the republican sucking up to her majesty...

Priceless

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Wed Sep 25th, 2019 at 03:04:15 PM EST
[ Parent ]
Corbyn has often demonstrated that he cares about the welfare of the UK's senior citizens so him proposing to crack down on scammers is very much in character.
by generic on Wed Sep 25th, 2019 at 04:01:11 PM EST
[ Parent ]
That is NOT the conclusion I would draw. The Supreme Court was quite clear that the prorogation of Parliament was null and void BECAUSE it attempted to usurp the lawful power of Parliament. This reasoning would cover any attempt at a second prorogation. But Boris Johnson remains PM until Parliament acts to replace him.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Sep 24th, 2019 at 04:29:09 PM EST
[ Parent ]
SCOTUK vacated the Order of Council, ergo Commission reading in parliament.

Diversity is the key to economic and political evolution.
by Cat on Tue Sep 24th, 2019 at 04:35:21 PM EST
[ Parent ]
It is confusing (to me, at least) because "the government" is contained within parliament. The PM is, I understand, just a slightly elevated MP, elected by some other MPs, and able to be deposed by parliament at a moment's notice--if there is majority support.

If it only took 51% of congress to dislodge the POTUS, ours would probably be gone by now.

by asdf on Tue Sep 24th, 2019 at 08:18:30 PM EST
[ Parent ]
In the USA, not a chance - on account of the Senate. In the UK there were majorities in both the HOC and HOL to ram through legislation constraining the PM. No US President has ever been convicted of impeachment charges in the Senate, which is not to say that those two impeachments, Johnson and Clinton, did not have any effects. Nixon resigned before the House concluded impeachment proceedings.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Sep 24th, 2019 at 09:08:25 PM EST
[ Parent ]
What I meant was that if the impeachment conviction requirement in the US Senate was 51%, and with the GOP only having 53 seats, there would be a reasonable chance of peeling off four of them to get a conviction.

Current rules are 2/3 vote, which is a practically impossible hurdle.

by asdf on Wed Sep 25th, 2019 at 03:37:08 AM EST
[ Parent ]
50%+1 vote in the House to impeach. 2/3 in the Senate to convict. And there has never been a conviction. 3/5ths would probably be a better requirement.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Sep 25th, 2019 at 04:15:03 PM EST
[ Parent ]
verdict: 66 senators
US Senate, 115th-116th session: 45 (D), 53 (R), 1 (VP-R)

min. gain to convict: (D) + 21

Good News!
Bill Krystol and Mitt Romney are canvassing the senate for likely votes to convict Trump.

Bill Kristol: Mitt Romney Is Ready To Help Democrats Impeach Trump
Bill Kristol: Mitt Romney Has Helped Reassure Pelosi There Is Republican Support For Impeachment  in Senate
buzz kill: Senate Republicans caught in impeachment glare

If House Democrats' impeachment ["]inquiry["] turns into an attempt to remove the president from office, Gardner and McSally will be two of the most closely watched votes. And for now no one on the Senate Republican side is even endorsing an inquiry, much less suggesting they might vote to convict the president.


Diversity is the key to economic and political evolution.
by Cat on Thu Sep 26th, 2019 at 09:26:13 PM EST
[ Parent ]
Boris has never been elected to anything by MPs. Indeed he has never won ANY vote in the House. He was elected by 90,000 Tory party and appointed by the Queen. Nothing more.

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Wed Sep 25th, 2019 at 10:29:00 AM EST
[ Parent ]
The sollipsism is getting weirder.
UK's Johnson may use 'political chicanery' to bypass Brexit delay law: Ex-PM Major
if he cannot agree terms with the European Union in time for an Oct. 31 departure, former prime minister John Major said on Thursday.
Which terms? Extension period, explanation for the request, or mo' better EU customs surveillance of UK exports?
However, an alliance of opposition lawmakers and rebels from Johnson's Conservative Party forced through a law earlier this month which compels him to delay Brexit for three months if he has not agreed a deal by Oct. 19.
That authority is not part of Johnson's ahh remit under the TEU
"It is important to note that an Order of Council can be passed by Privy Councillors - that is government ministers - without involving HM (Her Majesty) The Queen," Mayor said.
Good news! The [Crown in] Parliament can change that act next week (or over the weekend!) during the Conservative Party conference, when Tory seats in chambers are sure to be emptied.

Diversity is the key to economic and political evolution.
by Cat on Thu Sep 26th, 2019 at 10:38:03 PM EST
EU to ramp up pressure on Johnson to table detailed ["]backstop["] plan
"With only a few weeks remaining before October's European Council [meeting], the onus is firmly on the UK to come up with credible, fully worked-out and legally operable proposals in a timeframe that allows these proposals to be properly considered before the Council," Mr Coveney said.
My impression of EUWA2018, sec.13, and EUWA-2-2019 is, many MPs have had insufficient time to consider Documents laid before parliament as compared to 'BREXIT delay law'.
The Tánaiste added: "Unless and until it is shown that any alternative arrangements could pass this test, the EU position remains that the Withdrawal Agreement including the backstop is the only way forward."
Prepare to approve that or prepare for a derogatory reply to SCHEDULE FORM LETTER
Mr Barnier said yesterday that he was "still ready to work on any new legal and operational proposal" from Mr Johnson - but he indicated insufficient progress had been achieved in the past few weeks.
[ blah blah blah ]
The Institute for Government report said: "The Northern Ireland Office (NIO) lacks the clout within government to ensure that Northern Ireland issues were given the priority they perhaps deserved.

"Officials told us that the culture of 'no bad news' among ministers* translated into a reluctance to address the difficult issues raised by the Irish Border and need for cross-border co-operation - for example, the operation of the single electricity market."

landsakes. What are the odds EUWA-2-2019 could be amended to accommodate [Crown in] the parliament approval of a SCHEDULE BACKSTOP PLAN for attachment to SCHEDULE FORM LETTER?

A "second letter" to the EU Council, if you will. On or before 17 Oct 2019.
--
* possibly related reference: Anton Obholzer, Dr Vega Zagier Roberts, The Unconscious at Work

Diversity is the key to economic and political evolution.

by Cat on Fri Sep 27th, 2019 at 03:19:34 AM EST
[ Parent ]
Or else what? What is the EU going to do about it?
by asdf on Fri Sep 27th, 2019 at 04:41:03 AM EST
[ Parent ]


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