Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
May 13, 2025 1:18 PM

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
More radiation?
I can’t vouch for the validity of any of the claims made in this new book from Laissez-faire Books, but I confess its publicity material piqued my interest. It argues that inordinate fear of radiation leads to unnecessary and even counterproductive energy policy. As one none-too-keen on radiation in general (stand away from that microwave!), I’m nonetheless intrigued by this book’s argument. ...
New site for Catholic social doctrine
The Verona-based Van Thuan Observatory has recently launched its website, reports the Zenit news service. The Observatory’s namesake, the late Cardinal Van Thuan, was the recipient of the the Acton Institute Faith and Freedom Award in 2002. On first glance, I think this resource has a long way to go. The ‘sources and documents’ page links you to only two documents. I don’t quite know how to respond to assemblies like this. It seems to me that if one wanted...
Folsom Prison Blues
I received an email today from the InnerChange Freedom Initiative, an independent outreach of Prison Fellowship Ministries. It seems the initiative is facing rising program costs due to legal battles over the legitimacy of its Christian makeup. And constant critics of the program, like Barry Lynn of Americans United for the Separation of Church and State, seem rather incredibly cold-hearted to the plight of today’s prisoner. The InnerChange Freedom Initiative is one of the few elements in prisoners’ lives that...
Attack of the so-called free markets!
Economic reality is finally catching up with the big American automakers and their suppliers, as noted by Thomas Bray in Wednesday’s Detroit News: Around Detroit, the bankruptcy of giant auto parts maker Delphi Corp. is seen as a precursor of what’s in store for the entire American auto industry. More fundamentally, it confirms the bankruptcy of the industrial welfare state. The powers of denial ensure it may be some time before our politicians, unions and even corporate leaders catch up...
Cuisinarts of the air
An article appeared in Wired News today on the unintended consequences of wind farms. One of these consequences — among many others, I’m sure — is “an astronomical level of bird kills.” Thousands of aging turbines stud the brown rolling hills of the Altamont Pass on I-580 east of San Francisco Bay, a testament to one of the nation’s oldest and best-known experiments in green energy. Next month, hundreds of those blades will spin to a stop, in what appears...
Interfaith statement on immigration
The US Conference of Catholic Bishops is among the groups endorsing an interfaith statement on immigration reform. Like the e tax system, it seems that everyone agrees the immigration system needs reform but there’s a lot of disagreement as to how to go about it. As with most such broad consensus statements, the points articulated tend toward the innocuous, but there are a few sound ideas: for example, expediting family reunification. In general, the statement seems to be consonant with...
Fast-food fête
On the heels of a proposed city-wide tax on quickservice restaurants in Detroit, a state bill has been introduced in the Michigan House to implement a 2% tax on fast-food establishments. The “Fast-Food Restaurant and Food Service Tax Act” (HB 4804) would apply only to cities with a population over 750,000…and to the best of my knowledge the city of Detroit is the only one in the state that meets that criterion. A key provision of the bill in its...
Touché
For a succinct article on governmental processes versus private processes, see this nice little report by Bill Steigerwald. It focuses on responses to Hurricane Katrina by panies and by the city, state, and federal governments. Stories like these need to be circulated more widely. ...
The Post-Edisonian double eclipse
We’ve discussed textual interpretation a bit on this blog here before. Paul Ricœur, who is famous for his “attempt bine phenomenological description with hermeneutic interpretation,” passed away earlier this year. One of Ricœur’s important contributions involved an observation about the nature of textual interpretation in distinction to personal dialogue. He writes, for example in his book Hermeneutics and the Human Sciences, Dialogue is an exchange of questions and answers; there is no exchange of this sort between the writer and...
Sin is not cost effective
Dr. Jennifer Morse, a senior fellow in economics for the Acton Institute, argues in this week’s mentary that the key road-block to successful economic development in impoverished nations is the lack of good “moral qualities, like the even-handed enforcement of law, and the transparency of government.” Dr. Morse cites a report from the World Bank Institute detailing the extensive bribery that occurs in developing countries, a practice that is considered “normal” by just about everyone. While this may seem to...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved