Prorogation - Judgment Day:10.30am Tuesday 24/9/19

I think you need to get past simplistic and binary notions of winners and losers in this whole sorry shit show, George.
That really is egregious if I may say so. I'm certainly not celebrating this fiasco but the political issue is as simple or as complex as you want it to be. If what you predict comes to pass it means that the Scottish Court decision will be set aside as not having demonstrated that prorogation was unlawful and the Miller appeal in the English Court will not be upheld. It's a win win, Parliament will remain prorogued and the Government will be allowed to pursue its Brexit policy. A clear victory for BoJo and a defeat for Starmer/Cherry/Grieve/Major/ and all who sail with them.
Of course, you and I could both be wrong.
 
Presumably if it does drag on it’s likely to be bad news for the government? If a majority agreed with the English High Court they would be able to announce that today, wouldn’t they? If they find against the government then they have to get into the issue of remedy which would take longer. Also I think they would be more painstaking in drafting their reasons for deciding against the government.

If they do find against the government I hope the recall of parliament doesn’t cut shorter the party conferences, which so far have been extremely comical. I’m particularly looking forward to next week’s season ending finale.
 
Sadly a large % of the electorate think he should be breaking the law, regardless.
“We believe totally in Parliamentary sovereignty”. “Except when we don’t”..
Parliament is sovereign under the monarch - that is the present constitutional position. The separation of powers is essential for it to work and the Royal prerogative cannot be a matter for the Courts.
 
Justiciable and unlawful. Up to the speaker as to when they return.

?
Can it be unlawful and not justiciable?
Doubt it, but my guess would be something along those lines.
Perhaps a recommendation or pointer showing how the law needs changing to close a loophole around proroguing indefinitely.

My guess is Boris will come away feeling happy, but I know SFA really about the law around this, so it's just a feeling from what I've read.
 

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