Well the court may have got this wrong. Which is why the government can appeal.

If the advice they gave the queen was "we want you to prorogue parliament to stifle parliament and prevent scrutiny" then i would agree that the advice is unlawful.

It doesn't make prorogation unlawful though as this is simply the closing of parliament to make way for a new session of which is consented to by the queen if the government requests it. That is why the court has not ordered the parliament to be recalled until the decision is made next week.

It is also why the court's are not ruling on whether prorogation is legal/illegal as it is without doubt not illegal

So then, on what advice is it acceptable to lawfully prorogue parliament then?

As far as the privy council is concerned they could just "advise" her to prorogue parliament. It doesn't specifically state any reasons that must be filled to prorogue parliament.

That is why it is a terrible idea to politicise the judicial system. They have based the judgement purely on the opinion of the 75 MP's that have declared that it is illegal for the purposes of frustrating parliament.

What if the advice to the queen was "we wish you to prorogue parliament to announce our new agenda".

Without seeing the advice given it is hard to tell whether or not it was lawful or not.

Posted By: KetteringRyu on September 11th 2019 at 13:02:49

Message Thread

Prorogation is unlawful! (General Chat) - SCC 28, Sep 11, 10:15:13
- and we're off...................... (n/m) (General Chat) - ingi, Sep 11, 11:58:59
- Is it today they are required to comply with the Grieve request for info? (General Chat) - Dunney, Sep 11, 11:24:01
  - Yep by 11pm (n/m) (General Chat) - SCC 28, Sep 11, 11:25:06
- Supreme Court next week for final decision (General Chat) - SCC 28, Sep 11, 10:16:33
  - Although i've not been able to read the Scottish decison I find it hard to see (General Chat) - Jim, Sep 11, 10:31:29
    - The advice to the Queen was unlawful (General Chat) - SCC 28, Sep 11, 10:37:13
      - Surprised at that. Usually thats a high bar to get over. Will be interesting to see if the (General Chat) - Jim, Sep 11, 10:46:17
        
        It raises quite an interesting issue (if you are a bit sad like me) actually because (General Chat) - Jim, Sep 11, 11:00:22
        
        The Scottish case was their Supreme Court (General Chat) - SCC 28, Sep 11, 12:10:07
        
        Yes but as I understand it the case now goes to the Supreme Court which (General Chat) - Jim, Sep 11, 12:37:33
        
        The first instance Scottish judge ruled for the government (General Chat) - SCC 28, Sep 11, 12:46:11
        
        Which undoubtedly will be reversed by yet a higher court next week (General Chat) - KetteringRyu, Sep 11, 12:15:35
        
        Well my gut feeling would have been that (General Chat) - SCC 28, Sep 11, 12:18:13
        
        Well if its deemed illegal do you not see how it is irrelevant? (General Chat) - KetteringRyu, Sep 11, 12:23:18
        
        So why lie? (General Chat) - avenging canary, Sep 11, 12:50:21
        
        We don't know if he has lied. We haven't seen the advice (General Chat) - KetteringRyu, Sep 11, 13:04:37
        
        Hard to decipher that but anyway (General Chat) - SCC 28, Sep 11, 12:27:42
        
        Well the court may have got this wrong. Which is why the government can appeal. (General Chat) - KetteringRyu, Sep 11, 13:02:49
        
        That was the advice given to Parliament (General Chat) - duke of york, Sep 11, 13:08:33
        
        So you are comparing advice to queen and advice to parliament (General Chat) - KetteringRyu, Sep 11, 13:34:58
        
        Well close to anyway (General Chat) - SCC 28, Sep 11, 12:20:22
        
        Other than that Parliament should be sitting right now (General Chat) - duke of york, Sep 11, 12:17:15
    - Which negotiations are they undermining Jim? (n/m) (General Chat) - Steve in Holland, Sep 11, 10:33:43
      - It's also all the other important bills it's stopping being debated and passed... (General Chat) - DrDublin, Sep 11, 10:44:17
        
        until Cameron changed it (General Chat) - paulg, Sep 11, 10:49:20
        
        It was 3 extra days wasn;t it? They would be off now anyway for party conferences (n/m) (General Chat) - Jim, Sep 11, 10:47:01
        
        Which means everything has to start from scratch (General Chat) - SCC 28, Sep 11, 11:12:23
        
        To be honest whether is a prorogation/recess or whatever i just think its (General Chat) - Jim, Sep 11, 11:22:32
        
        Passing what bills? The ones they've already passed that Dubs listed? (General Chat) - megson, Sep 11, 11:41:25
        
        I don;t regard either as a problem. Its just a bit sad frankly that (General Chat) - Jim, Sep 11, 11:52:01
        
        So telling that you see holding the government to account (General Chat) - SCC 28, Sep 11, 12:15:28
        
        What about holding the opposition to account? (General Chat) - KetteringRyu, Sep 11, 12:18:20
        
        Officers that are only needed due to this govt cuts (n/m) (General Chat) - megson, Sep 11, 12:39:53
        
        You missed the point. (n/m) (General Chat) - KetteringRyu, Sep 11, 13:06:12
        
        That was just a noise (n/m) (General Chat) - SCC 28, Sep 11, 12:23:08
        
        Missed the point also but nevermind (n/m) (General Chat) - KetteringRyu, Sep 11, 13:16:03
        
        I know everyone in staunch in their various political ideologies (General Chat) - KetteringRyu, Sep 11, 12:10:15
        
        I agree with some of this, there is dangerous precedents being set. (General Chat) - megson, Sep 11, 12:38:18
        
        Without publishing of advice given you cannot tell if it lawful or not (General Chat) - KetteringRyu, Sep 11, 13:08:17
        
        Yes, it depends what evidence there is that he lied (General Chat) - duke of york, Sep 11, 13:28:40
        
        And as an alive branch I will acknowledge that he shouldn;t have done it (General Chat) - Jim, Sep 11, 12:42:36
        
        That's recess, which doesn't stop those bills Dubs mentions from passing (General Chat) - megson, Sep 11, 10:51:58
        
        But Jim read it in the mail/sun/express (n/m) (General Chat) - SCC 28, Sep 11, 11:13:27
        
        It's a shame you haven't got a brain to debate and choose to insult instead (General Chat) - KetteringRyu, Sep 11, 12:12:39
        
        Go away (n/m) (General Chat) - SCC 28, Sep 11, 12:23:48
        
        Again, pushing people to one side as you do not agree with their views (n/m) (General Chat) - KetteringRyu, Sep 11, 13:12:28
        
        I think you’re a weird cunt that’s all (General Chat) - SCC 28, Sep 11, 13:16:08
        
        Well that's discourteous and ironic (n/m) (General Chat) - KetteringRyu, Sep 11, 14:00:55
        
        Absolutely correct Dubs. Yet another lie by the 'government' (n/m) (General Chat) - Dunney, Sep 11, 10:55:42
        
        I can think of a Labour government that lied say in "2003" (n/m) (General Chat) - KetteringRyu, Sep 11, 12:19:45
        
        All liars should be held to account. What's your point? (n/m) (General Chat) - Dunney, Sep 11, 12:37:20
        
        And yet i am sure you are aware that if you lie in the commons you cannot be prosecuted. (n/m) (General Chat) - KetteringRyu, Sep 11, 13:11:02
        
        Which Jim laps up like a good Tory (n/m) (General Chat) - SCC 28, Sep 11, 11:14:42
        
        Again, you are not convincing anyone to join your side. (n/m) (General Chat) - KetteringRyu, Sep 11, 12:13:05
        
        Have you ever met Jim? (General Chat) - paulg, Sep 11, 11:16:35
        
        Have you ever met the Queen? (General Chat) - SCC 28, Sep 11, 11:20:04
        
        What? (n/m) (General Chat) - paulg, Sep 11, 11:21:48
        
        The Queen (n/m) (General Chat) - SCC 28, Sep 11, 11:25:33
        
        No. I've not met the Queen. (General Chat) - paulg, Sep 11, 11:27:04
        
        It’s a slightly creepy request tbh (n/m) (General Chat) - SCC 28, Sep 11, 11:30:21
        
        I'm just wondering (General Chat) - paulg, Sep 11, 11:39:59
        
        I don't take offence at SCC. Its what he's like on here. On Norwich related football (General Chat) - Jim, Sep 11, 11:48:22
        
        That is true (n/m) (General Chat) - SCC 28, Sep 11, 11:51:07
        
        When the situation calls for it (General Chat) - SCC 28, Sep 11, 11:47:55
      - Our parliament and opposition parties have consistently undermined negotiations (General Chat) - Jim, Sep 11, 10:42:07
        
        That's what an Opposition does m8 (General Chat) - CWC, Sep 11, 14:59:02
        
        Fuck off you mail reading tosser (General Chat) - SCC 28, Sep 11, 11:10:48
        
        Again, you haven't argued against the point. Back to insulting (n/m) (General Chat) - KetteringRyu, Sep 11, 12:13:48
        
        The point was purely daily mail nonsense (General Chat) - SCC 28, Sep 11, 12:21:46
        
        Ok, well the fact you don't read the daily mail tells me that you haven't explored (General Chat) - KetteringRyu, Sep 11, 13:15:06
        
        The Taioseach said that Johnson's plans to avoid a backstop were "not realistic" (General Chat) - Dog, Sep 11, 11:01:38
        
        What poloticians say in public is said for all sorts of reasons (General Chat) - Jim, Sep 11, 11:18:58
        
        Mainly to mislead or pander... (General Chat) - Dog, Sep 11, 11:20:35
        
        The first PM in history (General Chat) - SCC 28, Sep 11, 11:24:06
        
        On all sides. (n/m) (General Chat) - Jim, Sep 11, 11:23:12
        
        Trumpian (n/m) (General Chat) - SCC 28, Sep 11, 11:26:40
        
        Taoiseach* (n/m) (General Chat) - Dog, Sep 11, 11:02:29
        
        Amber Rudd said he's not negotiating. You'd think she might know. (n/m) (General Chat) - Dunney, Sep 11, 10:49:11
        
        “Less partisan press” (General Chat) - APB, Sep 11, 10:47:48
        
        Essentially the broadsheets! I tend to read the Times and the Guardian to get a bit of (General Chat) - Jim, Sep 11, 10:49:22
        
        Neither of which are not partisan, which is what I was getting at. (General Chat) - APB, Sep 11, 12:11:53
        
        They are not as extreme as some of the tabloids though (except maybe the guardian) (General Chat) - Jim, Sep 11, 13:00:38
        
        The Guardian is in no way extreme. (General Chat) - APB, Sep 11, 13:25:17
        
        And hardly sensationalist (n/m) (General Chat) - duke of york, Sep 11, 15:50:51
        
        I agree boris should be allowed to succeed or fail without excessive interference (General Chat) - SimonOTBC, Sep 11, 10:47:23
        
        That should say "shouldn't" agree certain things with May (n/m) (General Chat) - Jim, Sep 11, 10:42:53
      - these ones maybe? (General Chat) - paulg, Sep 11, 10:40:06
      - Even if there aren’t negotiations going on... (General Chat) - SimonOTBC, Sep 11, 10:39:50
        
        Though a few extra days for further speeches about Bercow would be very welcome (n/m) (General Chat) - paulg, Sep 11, 10:46:03
      - The imaginary ones in his head (n/m) (General Chat) - SCC 28, Sep 11, 10:37:51
        
        The great day is coming scc, it's only s matter of time! (General Chat) - Men without hats, Sep 11, 11:10:37
        
        Murray winning another slam? (n/m) (General Chat) - SCC 28, Sep 11, 12:22:12

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