Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
Jul 1, 2025 12:59 AM

This morning, the Supreme Court of the United Kingdom ruled unanimously that Boris Johnson unlawfully suspended Parliament and annulled hisorder to prorogue. Today’s Supreme Court decision holds deep importance for Brexit, EU corruption, and the rule of law.

The Supreme Court branded Prime Minister Johnson’s order to prorogue Parliament “unlawful” and declared it null and void. Members of Parliament were told to act as though it had never taken place. Speaker John Bercow announced Parliament will return to session tomorrow morning at 11:30, and all the legislation, that had been scrapped under prorogation receives legal resurrection.

Establishing judicial activism

Today’srulingis without legal precedent. Jurists havetraditionallyinterpreted the UK’s unwritten constitution to hold an order to prorogue Parliament as not justiciable. This dates back to at least Article IX of the 1689 Bill of Rights, which states that “[p]roceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament.”

This is precisely thedecisionreached by the English High Court on September 11, which declared prorogation was “not justiciable.” Since the decision is “purely political,” prorogation “is not a matter for the courts.”

Gina Miller, the campaigner who appealed the decision, argued Johnson did not merely want to prepare for a new domestic agenda; he acted to shorten political debate over Brexit and legally misled Her Majesty. But again, the lower court had ruled against her. “Parliament may be prorogued for various reasons,” the High Court ruled, and it “is not limited to preparing for the Queen’s Speech.”

Suspending Parliament has been, at times, transparently political. “Prorogation has been used by the Government to gain a legislative and so political advantage,” the court ruled. The Parliament Act 1949 could legally take effect without a vote from the House of Lords if three successive sessions of the House of Commons passed it. The government decided to prorogue Parliament to create three sessions within two months. “[E]ven if the prorogation under consideration in the present case was … designed to advance the Government’s political agenda regarding withdrawal from the European Union rather than preparations for the Queen’s Speech, that is not territory in which a court can enter with judicial review.”

But on Monday, the Supreme Court of the UK overturned them. The 11 judges held that “the decision to advise Her Majesty to prorogue [P]arliament was unlawful because it had theeffectof frustrating or preventing the ability of parliament to carry out its constitutional functions without reasonable justification.” (Emphasis added.)

The judges ruled that intention, process, pliance with constitutional norms were irrelevant. Boris Johnson’s order could be struck down because judges disliked the “effect” of an otherwise lawful action. This UK Supreme Court ruling is not an act of judicial review butjudicial fiat.

Specifically, the judges found the five-week timeframe too long. Citing previous legislation, the judges rule that there must be a time-based “legal limit on the power to prorogue.” Theyproved this by citing previous “statutory requirements” – that is, laws passed by previous Parliaments – requiring MPs to sit for a certain period of time.

However, this Parliament passed no such legislation. Indeed, members were expected to break forat least three of these five weeks for party conferences. Since MPs do not usually sit (that is, they don’t work) every weekday, the order cost them only a few days of deliberation. But in the view of the judges, this was too much and rendered a lawful order “unlawful.”

To be clear: Members of the Supreme Court substituted their own judgment for the law. If allowed to stand, this judgment portends a dim future for constitutional order in the UK. It will mean that 11 judges, in the absence of statute, can create and impose new legal norms onother branches of government. This threatens to put the UK on the same path as the United States, where five appointed judges can invent new “rights” and overturn legislation that they deem “unduly burdens” the rights they artificed into jurisprudence.

Whither Brexit?

Boris Johnson has said he will simultaneously proceed with Brexit on October 31 ply with a new law barring the UK from leaving the EU on that date unless Parliament approves a withdrawaldeal. EU officials have shown little sign of radically altering the deal offered to Theresa May, which MPs voted down multiple times by historic margins. Parliament’s Remain majority intends these actions to stymie the implementation of the 2016 referendum until such time as it can be overruled through a second, “People’s Vote.”

Brexit might allow the UK to strike free trade deals with African nations, especially for agricultural goods no longer subject to EU tariffs of up to 18 percent. Such deals might allow shipments of Christian aid from churches in the West to slow, then stop, as these nations provide for their own needs and take their place as part of the developed world. People of faith concerned about eradicating poverty see this future made more remote.

Defining democracy down

EU figures have already used the ruling to justify the arcane and Byzantine practices of Brussels. Guy Verhofstadt, the EU’s Brexit negotiator who has said he wants the EU to morph into an “empire.”

“Parliaments should never be silenced in a real democracy,” hetweeted. “I never want to hear Boris Johnson or any other Brexiteer say again that the European Union is undemocratic.”

At least one big relief in the Brexit saga: the rule of law in the UK is alive & kicking. Parliaments should never be silenced in a real democracy.

I never want to hear Boris Johnson or any other Brexiteer say again that the European Union is undemocratic.

— Guy Verhofstadt (@guyverhofstadt) September 24, 2019

However, it was not Boris Johnson, Daniel Hannan, or Nigel Farage who said theelectionof Ursula von der Leyen to lead the European Commissionproved“the EU is hell-bent on deepening its democratic deficit and pushing citizens farther away from its decision-making.” It wasMartin Schirdewan, a German MEP and acting president of the European Parliament’s Confederal Group of the European United Left/Nordic Green Left (GUE-NGL).

The Supreme Court of the UK’s ruling has substituted the rule of an unelected elite for constitutional order, postponed human flourishing, and whitewashed EU mismanagement. No one should celebrate this trifecta.

Morris. This photo has been cropped and modified for size.CC BY-SA 3.0.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Robbing Pietro to pay Paolo? The zero-sum game in Italy’s welfare state
Robbing Peter to pay Paul. This is an idiomatic expression about bad – or at least disappointing – economics. Curiously, it was born within the context of the Church’s supposedly poor financial administration of its properties. While there are many sources to the origin of the idiom, there is a famous story from 17th C. England when a bishop was said to have ordered funds transferred from one old church (St. Peter’s Abbey) to another in disrepair (St. Paul’s Cathedral)....
10 facts about Theresa May’s resignation as prime minister
After surviving a no confidence vote last December, and suffering two of the largest legislative defeats in modern parliamentary history, UK Prime Minister Theresa May announced this morning that she will step down as prime minister. Barely suppressing tears, “the second female prime minister but certainly not the last” said she was leaving office “with enormous and enduring gratitude to have had the opportunity to serve the country I love.” Here are the facts you need to know: 1. Theresa...
An introduction to fiscal policy
Note: This is post #124 in a weekly video series on basic economics. What is fiscal policy? As economist Tyler Cowen explains, the simple answer is that it’s a government’s policies on taxes, spending, and borrowing. But how it’s practiced is a little plicated. Fiscal policy can be used in an effort to mitigate fluctuations in the business cycle—to soften the effects of those booms and busts. (If you find the pace of the videos too slow, I’d mend watching...
5 takeaways from the European Union last election
Rubber Wall? Although populists have won in many countries — Salvini in Italy, Le Pen in France, Farage in the United Kingdom, Nationalists in Belgium, Law and Justice in Poland, and Orban in Hungary — everything points out that little will change in the distribution of power and in the political dynamics within the European Union. The European unification project is authoritarian, and the European Parliament is a decorative body, practically irrelevant. The Eurocrat establishment is a rubber wall, no...
How to think like a Christian
Photo Credit: Michael Matheson Miller Here is a podcast interview I did recently with my friend Matt Leonard, host of The Art of Catholic and Next Level Catholic Academy. Matt and I talked about some of the foundational ideas of Christian thinking in contrast with the dominant secular way of seeing the world. As you can see from the title of Matt’s show, The Art of Catholic, this podcast is directed to a Catholic audience, but many of the ideas...
Video: Cory Booker makes the case for school choice in Grand Rapids (October 2000)
Sen. Cory Booker, then a Newark city councilman, made the case for school vouchers at an Acton sponsored October 2000 event at the Wealthy Theater in Grand Rapids saying, “The cost of not doing the program is having continuing generations of kids chained to failing schools when they could be easily liberated if the parents were given the right to choose where they go with their money.” School vouchers were then a hot topic in Michigan as Michiganders were debating...
Many Americans see religious discrimination in U.S.
Americans say some religious groups continue to be discriminated against and disadvantaged, according to recent surveys by Pew Research Center. The surveys asked Americans which of three religious groups face discrimination: Jews, Muslims, and evangelical Christians. More than three-in-four Americans (82 percent) say Muslims are subject to at least some discrimination, and a majority says Muslims are discriminated against a lot. These results have not changed since the question was asked in 2016. Roughly two-thirds of Americans (64 percent) also...
LBJ’s Great Society lives on
Forget Ronald Reagan and John F. Kennedy, Richard Nixon and Bill Clinton as well. And do the same regarding Harry Truman and Dwight Eisenhower. The most consequential American president since the end of World War II was Lyndon Baines Johnson. The man — who possessed a bination of savvy, lack of character and progressive faith — created the Great Society and helped to shape the modern-day United States. Whether you like him or not, we all live under the shadow...
Can intellectuals actually win elections?
The European Parliament in Brussels In my previous Letter from Rome, I asked whether populists have the capacity to govern, given the failings of the Italian coalition made up of left-wing and right-wing populists and their apparent disdain for ideology. In the wake of the recent elections for the European Parliament, the corollary question is whether non-populists can actually win elections. It’s a bit of a trick question, since elections are popular by nature, even if they are not always...
Study: How do millennial Christians approach faith, work, and calling?
Millennials recently surpassed Baby Boomers and Generation Xers to e the largest generation in the American workforce—a development that has likely led many to recall mon stereotypes about millennials as dreamy-eyed idealists or lazy, plainers. But if we look past our various cultural prejudices, what does the evidence actually indicate? If the attitudes and priorities of Generation Y are, in fact, so strikingly distinct from their counterparts, what might it tell us about the future shape of economic order? In...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved