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posted by janrinok on Wednesday September 25 2019, @02:37PM   Printer-friendly
from the constitutional-upset dept.

https://www.bbc.co.uk/news/uk-politics-49810261

Boris Johnson's decision to suspend Parliament was unlawful, the Supreme Court has ruled.

Mr Johnson suspended - or prorogued - Parliament for five weeks earlier this month, but judges said it was wrong to stop MPs carrying out duties in the run-up to Brexit on 31 October.

Supreme Court president Lady Hale said "the effect on the fundamentals of democracy was extreme."

[...]Delivering its conclusions, the Supreme Court's president, Lady Hale, said: "The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification."

Lady Hale said the unanimous decision of the 11 justices meant Parliament had effectively not been prorogued - the decision was null and of no effect.

She added that it was important to emphasise the case was "not about when and on what terms" the UK left the EU, but about the decision to suspend Parliament.

Speaker of the Commons John Bercow said MPs needed to return "in light of the explicit judgement", and he had "instructed the House of Commons authorities to prepare... for the resumption of business" from 11:30 BST on Wednesday.


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  • (Score: 1, Redundant) by Anonymous Coward on Wednesday September 25 2019, @04:54PM (8 children)

    by Anonymous Coward on Wednesday September 25 2019, @04:54PM (#898619)

    The people voted for Brexit.

    52% of ~70% of the UK voted for Brexit, that's 37% of the people. Not exactly a resounding majority to base something as important as leaving the EU.

    Parliament is obligated to give it to them.

    Nope. There is nothing in the Constitution requiring the Parliament to act on the results of the referendum. How about we have another referendum to see if people are still as sure they want out of the EU, now they begin to realize how it is going to screw them over?

    Their failure is prefect grounds for suspension.

    Great, so run out the clock and end up with a no-deal Brexit. Apart from the boneheaded stupidity of virtually no logistical planning on a hard border between the Republic of Ireland and Northern Ireland having been done, where would you like the mail bombs delivered once the troubles start up again?

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  • (Score: 1) by fustakrakich on Wednesday September 25 2019, @05:07PM (7 children)

    by fustakrakich (6150) on Wednesday September 25 2019, @05:07PM (#898625) Journal

    52% of ~70% of the UK voted for Brexit, that's 37% of the people.

    When it comes to voting, silence is consent. If you want to be heard, you have to speak.

    --
    La politica e i criminali sono la stessa cosa..
    • (Score: 0, Informative) by Anonymous Coward on Wednesday September 25 2019, @06:26PM (2 children)

      by Anonymous Coward on Wednesday September 25 2019, @06:26PM (#898667)

      That's true for North Korean elections too, I suppose.

      When I was in college in the 80's, a group of people were forming a gay/lesbian group (you see, back in the day we didn't have all those other extra letters to figure out) and there were some who didn't feel that the group should be entitled to a share of the student fees as all other official college groups got. It being a small college, some people were uncomfortable with this whole idea. The woman organizing the group had the brilliant idea to declare "blue jeans support days" where she declared that on a particular day if you wear blue jeans then you support them. It was very amusing to see so many insecure people wearing dress slacks and dresses on that day. I personally wore jeans because that was pretty much my entire wardrobe, and I really didn't give two shits about the whole issue. So my silence was consent?

      If you come out with what I think is a stupid or half-baked idea, wrap it up in a referendum that doesn't legally mean anything, you're telling me that if I don't feel bothered to vote against it that really means I'm in favor of it? Was it incumbent upon me back then to have to bother to dress one way or another because I was somehow required to take a side on an issue that I had, essentially, no voice in the outcome?

      • (Score: 2, Insightful) by fustakrakich on Wednesday September 25 2019, @06:51PM

        by fustakrakich (6150) on Wednesday September 25 2019, @06:51PM (#898686) Journal

        Whether you vote or not, you will be counted. Yes, you may have to go out and vote "NO" if you want to prevent a disaster.

        --
        La politica e i criminali sono la stessa cosa..
      • (Score: 2, Interesting) by fustakrakich on Wednesday September 25 2019, @06:54PM

        by fustakrakich (6150) on Wednesday September 25 2019, @06:54PM (#898689) Journal

        Addendum:

        I would prefer the "NO" vote be the default, so that a non-vote would a real vote against all candidates on the ballot. That would make things a bit more honest.

        --
        La politica e i criminali sono la stessa cosa..
    • (Score: 2) by dry on Thursday September 26 2019, @06:00AM (1 child)

      by dry (223) on Thursday September 26 2019, @06:00AM (#898974) Journal

      I wasn't allowed to vote even though, as a citizen, I can vote for a MP. Likewise for a lot of other people.

      • (Score: 1) by fustakrakich on Thursday September 26 2019, @06:14AM

        by fustakrakich (6150) on Thursday September 26 2019, @06:14AM (#898984) Journal

        Yes, and they (you) either accept it, or resist. Do you know of another choice?

        --
        La politica e i criminali sono la stessa cosa..
    • (Score: 2) by etherscythe on Tuesday October 01 2019, @05:29PM (1 child)

      by etherscythe (937) on Tuesday October 01 2019, @05:29PM (#901382) Journal

      Consent of a weak sort, perhaps. But that does not mean "vote with the majority", exactly. It could also mean "neither of those answers really matches my position"; i.e. if a particular Brexit solution like a no-deal is what is desired, and if that cannot be achieved then do not Brexit at all.

      --
      "Fake News: anything reported outside of my own personally chosen echo chamber"
      • (Score: 1) by fustakrakich on Tuesday October 01 2019, @05:52PM

        by fustakrakich (6150) on Tuesday October 01 2019, @05:52PM (#901394) Journal

        Yes, to me a non-vote should be counted as a "no consent" vote. The argument for abstinence is a strong one, saying that voting is the positive act of consent, because you had to get up and do it. A "none of the above" should definitely be on the ballot. The people do have a right to abolish the government, an obligation when it becomes criminal.

        --
        La politica e i criminali sono la stessa cosa..