Brexit, the Supreme Court and the 'Spider Judge'! (4k)

Boris Johnson has started his move to take back control of certain constitutional matters from the UK Supreme Court!

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Brexit, the Supreme Court and the 'Spider Judge'! (4k)

Do you remember the day? The day when the then top Supreme Court judge, Lady Hale, wearing that infamous spider brooch, gave out the court's ruling that the PM Boris Johnson had acted unlawfully in proroguing Parliament for a month.

All at the end of a case that had Gina Miller and former Tory PM John 'the Grey' Major strutting about the place saying that Parliament must be allowed to do its job.

A bit hypocritical of Major considering the political manner with which he himself used prorogation during his time as PM.

And all the while pro-EU MPs theatrically queued up to get into Westminster or managed to get inside and sit in the empty chamber. And John Bercow, the speaker at the time, wailing about how unconstitutional it all was. Remember?

Then, when the court had forced the doors of Westminster open, and all the MPs had filed back in, nothing happened. No hugely significant historic event unfolded, just the same sad old rabble being paid salary and expenses.

And do you remember the absolutely deadlocked Parliament that ensued, where nothing got done? And when it became obvious that we needed a general election the oxygen thieves on the green benches hung on with a tenacity that belied their otherwise general uselessness.

And all that happened just 12 to 15 months ago. But due to the pandemic, it seems a lot longer ago than that doesn't it?

And all on top of the courts interfering with the Royal Prerogative to trigger Article 50. Although in that case, it ended up more helping than hindering Brexit.

Anyway, as a result of this sorry episode, Boris Johnson pledged in the Tory manifesto for the December 2019 general election, to look at the way law was being misused and misinterpreted by those in high judicial office, so they could play politics.

And yesterday the Government published the "Fixed-term Parliaments Act 2011 (Repeal) Bill".

And this Bill is intended to put the constitutional position of prorogation and dissolution back to pre-Tory/LibDem coalition days.

As the foreword to the Bill says:

"The Fixed-term Parliaments Act 2011 was a departure​ ​from the long-term constitutional norm, whereby the Prime Minister could seek an early dissolution of Parliament. It was passed with limited scrutiny, and created parliamentary paralysis at a critical time for our country.

"The overriding principle of our constitution should be that the Government of the day has the confidence of the House of Commons. ​The Act's codification of confidence motions and its regime of fixed five year Parliaments, undermines this democratic necessity, both hindering the function of representative democracy by making it harder to have necessary elections."

As I've already outlined, that was absolutely the case. And the foreword also says:

"The 2011 Act was passed by the Coalition in unique circumstances, and since 2015 has not had its intended effect. Neither the 2015 Parliament nor the 2017 Parliament lasted for a full-five year term. ​The fact that Parliament had to introduce bespoke primary legislation in 2019 to allow for an early general election shows that the 2011 Act has not worked efficiently or effectively.​

"F​lexibility is an essential part of the parliamentary system. The 2011 Act also created uncertainty as to what happens when a no-confidence vote is passed under the Act and how it might operate in practice.

"The Government committed in its manifesto to repealing the 2011 Act and putting in place arrangements that deliver the legal, constitutional and political certainty around the process for dissolving Parliament."

Now, one of the things about the old system prior to the 2011 Act, was that prorogation and dissolution of Parliament were judgment calls by the elected Government, not something for the well-heeled to use the courts for.

So, the foreword goes on to explain that:

"The draft Fixed-term Parliaments Act 2011 (Repeal) Bill delivers on this commitment. In doing so, the Bill makes express provision to revive the prerogative power to dissolve Parliament.

"This means once more Parliament will be dissolved by the Sovereign, on the advice of the Prime Minister. This will enable Governments, within the life of a Parliament, to call a general election at the time of their choosing.

But what about the House of Commons Library view?

And the European Convention on Human Rights (ECHR) view on democracy?

4k. 4k video.

#Brexit

#SupremeCourt

#Parliament

Видео Brexit, the Supreme Court and the 'Spider Judge'! (4k) канала Jeff Taylor