Thursday, September 12, 2019

Which did you hear on the news?

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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