An interesting blog post in The Spectator
https://blogs.spectator.co.uk/2019/09/has-the-supreme-court-handed-boris-johnson-a-brexit-escape-route/
"...the Supreme Court states that its ‘proper function’ under our constitution is to give effect to the separation of powers (which justifies court intervention in relation to prorogation). Then, in what appears to be an innocuous sentence in paragraph 55, it says that it is to be “remember[ed] always that the actual task of governing is for the executive and not for Parliament or the courts.”
<snip>
The way is now open for Boris Johnson to refuse to comply with the Benn Act on the legitimate ground that the Act is unconstitutional and that the courts (and ultimately the Supreme Court) will agree; and even if the Court won’t go so far as declaring it an actual nullity, then at least they will refuse to enforce it."
No comments:
Post a Comment