Congratulations to Boris Johnson. This is his victory, and I’m afraid it is an advertisement for what a flamboyant advocate, not afraid to dissemble and to stretch the rules can sometimes achieve.
There are plenty of reasons to worry about what he has in store, but even for those of us who did not vote for him there are also reasons not to despair, and even to be cheerful.
It goes without saying that Corbyn’s defeat has saved the country from the risk of bankruptcy, Venezuela-style . Practically any alternative was preferable to that.
So far the signs are not very encouraging but there is perhaps now some chance that after its catastrophic defeat the Labour Party will come to its senses, move back towards the centre, and begin to look like a credible government in waiting, or at least that it will provide a serious opposition.
And there are two other tiny crumbs of comfort. Continue reading “Even if you didn’t support Boris Johnson there is no cause to despair”
Barristerblogger is normally risk averse when it comes to commenting on great questions of constitutional law. I have always thought it is something best left to the experts: academics like Professors Paul Craig or Mark Elliott, for example, or former Government lawyers like Carl Gardner or David Allen Green who know how these things work from the inside. However, since everyone else has been putting their two pennyworth into the Prorogation cases, including “Britain’s rudest man” David Starkey, perhaps I can throw in the contribution of a polite criminal hack.
1. The Supreme Court will be criticised whatever it does
If the Court upholds the Scottish Court of Session decision that the Prorogation of Parliament was unlawful it will be criticised for making a political decision.
If it upholds the English Divisional Court it will give a gift to Scottish Nationalists who will denounce a court made up largely of English judges for over-ruling the unanimous judgment of the highest Scottish court.
Incidentally, the decision to increase the number of judges hearing the case from 9 to 11 has increased the English majority from 5 – 4 to 7 – 4. (The “non-English” judges are Lords Reed and Hodge from Scotland, Lord Kerr who is from Northern Ireland and Lord Lloyd-Jones who is Welsh). Continue reading “The Government should be careful what it wishes for from the Supreme Court”
Forget about the online petition. We do not have government by petition, particularly not when we don’t know how many of the online signatories are even British, or are duplicates, or computerised bots or in some other way bogus. No matter how many signatures the petition garners it will not result in a re-run of the referendum, and nor should it.
Forget too about Members of the Scottish Parliament metaphorically flooding down from the Cheviots, sgian-dubhs flashing in the pale northern sunlight, rushing to save the Sassenachs from the consequences of their folly. The argument – publicised and explained here by the ever-lucid Jolyon Maugham – is rather complex and explained better by him than by me but essentially it’s this: Continue reading “The Referendum now poses a serious threat to Parliamentary Democracy”