PPRuNe Forums - View Single Post - UK Politics Hamsterwheel MkII
View Single Post
Old 25th Sep 2019, 12:06
  #10599 (permalink)  
akindofmagic
 
Join Date: Apr 2006
Location: England
Posts: 180
Indeed.
The "problem" here, is the that the ruling of the Supreme Court is not favourable to the PM, and so his partisans are objecting.
Had the judgment been otherwise, would those same people still object ? Not so sure.
This is not a Brexit issue. The actual quashing of prorogation is a red herring. Of far greater importance is the constitutional impact of the decision, which dramatically expands the scope of judicial review without any statutory basis. Therefore it is blindingly obvious that had the judgment been otherwise, there would have been no objection on constitutional grounds. This is a judgment which is without precedent.

But as a begining, a written constitution could be the first step towards real democracy
The UK legal and political system has performed perfectly adequately for centuries without a written constitution. However, if the judiciary as a whole takes its lead from the Supreme Court (as it must under the doctrine of stare decisis) and is emboldened to pursue a judicially activist approach, greatly increased statutory intervention is likely to be required. Whether that means a written constitution is for m'learned friends to determine.
akindofmagic is offline