What to expect this week from the Supreme Court?
What to expect this week from the Supreme Court (SP) on the Prorogation of Parliament?
Having spent three days watching online debates on the Prorogation of Parliament case, I must say it’s been the most high-level case I could observe and study since the failed Project of Treaty establishing a Constitution for Europe (2004-5).
Issues the SP is asked to decide upon are: “1) Whether the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is justiciable in the courts; and 2) If the decision is justiciable and the appeal is not academic, whether that advice was lawful.”
The PM can take such a decision yearly but doesn’t have to; the former PM in turn cancelled the Queen’s speech; the opposition could present a motion of non-confidence before prorogation but didn’t: these are all decisions based on political options.
The SP’s historic answers could therefore span from 1) ‘No’, making 2) without purpose, but also reaching much farther.
Miller case 1 managed to bring to Court a decision that was not taken yet (shortly following a similar case Yalland and Wilding on art 127 EEA was judged this time “premature”).
What seems to come with Miller case 2 is, however, nothing less but a (re)definition of the UK’s Constitutional Monarchy.
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