It was busy day in two courts yesterday. If I
told you that a Scottish court decided a case challenging the prorogation, you
would nod. Yes, you’ve seen that the
case brought by SNP MP Joanna Cherry and others saw judges coming to a ruling
that “the Prime Minister's advice to HM the Queen that the United Kingdom
Parliament should be prorogued from a day between 9 and 12 September until 14
October was unlawful because it had the purpose of stymying Parliament”. You can read the summary of their opinion here.
But were you
aware of the other ruling by a court yesterday?
The other one was the one that vindicated
the Government over the prorogation of Parliament. Yes,
you heard that right. Just follow this
carefully.
Last week the High Court dismissed
claims by Gina Miller and John Major that the prorogation was an "unlawful
abuse of power". And yesterday saw the publication of the full
ruling.
And the top team of
Lord Chief Justice Lord Burnett, Master of the Rolls Sir Terence Etherton and
President of the Queen's Bench Division Dame Victoria Sharp have concluded that
it was "not a matter for the courts" and the decision was
"purely political" - and therefore not capable of challenge in the courts.
In their judgement, they stated: "We concluded that the decision of the
Prime Minister was not justiciable [capable of challenge]. It is not a matter
for the courts… The Prime Minister's decision that Parliament should be
prorogued at the time and for the duration chosen and the advice given to Her
Majesty to do so in the present case were political. They were inherently
political in nature and there are no legal standards against which to judge
their legitimacy." You can read
the full judgement for yourself or a summary.
And the question is, why
did the ruling in Scotland command more air time than the other ? Make up your own mind on that.
But
it is no surprise the Scottish verdict was the one the pro Remain media
focused on with rent a mouth bitter MPs demanding that the House of Commons
immediately be reconvened. Based on
which judgement I would ask?
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