The Supreme Court (and the courts generally) will not substiturte their own decision for

that of Parliament. that's the key point to grasp with this.

Just as with judicial review. the court never rules on what the decision should have been or even the merits of the decision, it rules on whether the decision was taken unlawfully and if it wasn't it requires the decision maker to take it again.

What this decision today does is establish that any decision to prorogue (or presumably any other decision taken by the PM/Cabinet) which has the effect of frustrating parliament's ability to carry out its functions then it is potentially unlawful unless reasonable justification has been provided.

That's a check on abuse of power in my book, not the Surpreme Court taking over.

One of the reasons I voted to leave was that I felt parliamentary sovereignty had been eroded by the EU so I cannot take issue with this decision as it would be hypocritical. The fact that I happen to think that many of the current MP's are self serving a**eholes is not really relevant (although to be fair there are some good ones on all sides of the house) the answer to that is that we can hopefully kick some of them out when we get an election!

Posted By: Jim on September 24th 2019 at 12:09:36

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