Cont: Brexit: Now What? 9 Below Zero

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I daren't read what the UK tabloids (Sun, Mail, Express) are making of this for fear of blowing a gasket.

Captain S, would you take the hit, the way you do with Trump's tweets? Just a summary would be grand :)

I'm wondering whether to report this as advocating self-harm.
 
I think that another clarification about proroguing is needed. Proroguing is not merely a parliamentary procedure. It is part of constitutional law. It was a power that the monarch had when the first parliaments appeared, to call and then dismiss (prorogue) parliament as and when he (or she) determined if a parliament should sit.

https://www.nationalgeographic.co.u...amatic-history-prorogation-british-parliament

"Proroguing was first used in the 15th century. Back then, governments were usually summoned for brief periods, then dismissed at the monarch’s whim. Those early parliaments were designed to approve taxes and royal expenditures, and were given the monarchical boot when they were done.

Over time, though, parliament gained more power, and monarchs started using prorogation to put them in check. For example, in 1759 Elizabeth I prorogued parliament to avoid public debate of a potential suitor, Francis, Duke of Alencon. Other monarchs used the tactic for good reason—in 1608, for example, James IV issued a prorogation in response to a typhus epidemic in London."

Proroguing is a common law that is part of the UK's Constitutional Law.

How many potential suitors did Elizabeth I have in 1759?
 
I think that another clarification about proroguing is needed. Proroguing is not merely a parliamentary procedure. It is part of constitutional law. It was a power that the monarch had when the first parliaments appeared, to call and then dismiss (prorogue) parliament as and when he (or she) determined if a parliament should sit.

https://www.nationalgeographic.co.u...amatic-history-prorogation-british-parliament

"Proroguing was first used in the 15th century. Back then, governments were usually summoned for brief periods, then dismissed at the monarch’s whim. Those early parliaments were designed to approve taxes and royal expenditures, and were given the monarchical boot when they were done.

Over time, though, parliament gained more power, and monarchs started using prorogation to put them in check. For example, in 1759 Elizabeth I prorogued parliament to avoid public debate of a potential suitor, Francis, Duke of Alencon. Other monarchs used the tactic for good reason—in 1608, for example, James IV issued a prorogation in response to a typhus epidemic in London."

Proroguing is a common law that is part of the UK's Constitutional Law.

so it is about Johnson's girlfriend...
 
...and wait...

https://www.nationalgeographic.co.u...amatic-history-prorogation-british-parliament

"Proroguing was first used in the 15th century. Back then, governments were usually summoned for brief periods, then dismissed at the monarch’s whim. Those early parliaments were designed to approve taxes and royal expenditures, and were given the monarchical boot when they were done.

Over time, though, parliament gained more power, and monarchs started using prorogation to put them in check. For example, in 1759 Elizabeth I prorogued parliament to avoid public debate of a potential suitor, Francis, Duke of Alencon. Other monarchs used the tactic for good reason—in 1608, for example, James IV issued a prorogation in response to a typhus epidemic in London."

Proroguing is a common law that is part of the UK's Constitutional Law.

...who the Hell is James IV?

Is this paragraph just entirely made up?
 
I thought this thread had gone quiet, and then I realised it's been split again. And the same people still don't get it.
 
Earlier I was saying it was parliament's job to set the rules of prorogration if they didn't like it. And they did. They made up the supreme Court and gave it it's power.


Technically, perhaps, but the Supreme Court is really just a continuation of the Appellate Committee of the House of Lords (judges appointed to the House of Lords to act as a supreme court). When the Supreme Court was set up, it effectively inherited its jurisdiction, powers, and indeed its judges, from the House of Lords.
 
Technically, perhaps, but the Supreme Court is really just a continuation of the Appellate Committee of the House of Lords (judges appointed to the House of Lords to act as a supreme court). When the Supreme Court was set up, it effectively inherited its jurisdiction, powers, and indeed its judges, from the House of Lords.

So who cares if it overrides Johnson? It is parliament's baby to do such things.
 
However, it terrifies me when an unelected body like the SC takes on powers for itself that are greater than the Queen's and uses those powers to usurp the parliament's function of creating laws.
Demonstrating (again) that you do not understand the UK political system, the function, roles and powers of the UK Supreme Court and the concept of judicial review.

England and Wales is a common law jurisdiction. The courts are perfectly entitled to make law as long as they don’t actually contradict Parliament.

The idea of judicial review of administrative actions is well established. And that’s what this was: the court was reviewing the actions of the executive, not Parliament. See, for example, the comments in the section headed “What conclusions did the court reach” here:
Where is John Marshall when you need him?
 
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