Prorogation Case Presents Historic Test Of Constitution.
Abstract from the Financial Times on Friday 20th October 2019
Political battle spills over to the palace and the Courts, setting scene for grand finale.
Boris Johnson will find out early next week if the Supreme Court believes the extraordinary claim that he lied to the Queen and unlawfully suspended Parliament for five weeks to allow him to push through a hard no-deal Brexit.
In a written statement to the Court, Sir John told the 11 Supreme court Judge that Mr Johnson’s decision to suspend – or prorogue – Parliament for five weeks was “substantially motivated” by his desire to stifle debate on Brexit.
A lot of how the constitution has developed over time has been a seies of fudges”, said Edward Garnier, Sir John’s barrister. More prosaically, it consists of a series of laws and non-legal conventions built up over centuries.
The Prime Minister, who refused to provide a witness statement to back up his claim that he was behaving with complete propriety, in effect stands accuse of lying to the Queen about the real reason for the prorogation.
The events in the Supreme Court this week have been watched with growing alarm in Downing street. Mr Johnson’s allies believe that apart from a victory, the best outcome would be a ruling that the prorogation of parliament was justifiable, or within th Judges’ right to review, but that the Prime Minister had taken the right decision.
The most disastrous outcome would be for the Court to side with the Scottish justices and conclude they did not believe Mr Johnson’s explanation of his actions at all. “Johnson lied to the Queen” headlines would be guaranteed to appear in every newspaper.
The Magna Carta or Great Charter. It is known world-wide as being the founding of modern principles of democracy and individual rights and freedoms while curtailing the power of the State which at the time was King John.