McAz wrote:The court’s summary concluded that Johnson’s prorogation request to the Queen and her decision “was unlawful and is thus null and of no effect”.
(All news sources, just now).Has no effect? Does this mean they all have to troop back again? I guess we await what the Supreme Court will say.
Over to you CJ to explain.
Taken to it's logical conclusion it means that Boris Johnson has de facto abolished the monarchy.
The sovereign has the theoretical right to prorogue or dissolve Parliament at any time. Until the Fixed Term Parliament Act Boorish could have saved himself by dissolving Parliament calling for an exceptionally long General Election campaign and letting the UK fall into a No Deal Brexit. Any embarrassing leaks of government documents about how terrible no deal would be could have been painted merely as a violation of purdah. As the Fixed Term Parliament Act closed off that avenue for Boorish he went down a level to simply proroguing Parliament. To which you would have to add 'or would he' because to dissolve Parliament to prevent oversight and scrutiny of the executive could be considered treason - we don't need to go down that road but keep it in mind.
There is a big difference between a Recess, which MPs get to vote on, and Prorogation which, like dissolving Parliament, is a royal prerogative and is only done by the Queen on the advice of her Prime Minister. The question at issue is therefore not the right of the Prime Minister to prorogue Parliament but the intent in so doing - if the intent was to avoid Parliamentary oversight and scrutiny then the only precedent we have - Parliament vs Rex 1649 - defines that as treason.
Whilst it is the Prime Minister who advised the Queen to dissolve Parliament it is the Queen who carried out the action and therefore the Prime Minister has incited the Queen to treason.
Obviously there is no mens rhea because the Queen, constitutionally, could not ignore or override the advice of a Prime Minister and yet - catch 22 - she could not take that advice either. The only resolution is to remove that prerogative power and that means the end of the monarchy