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Twomey also believes the Queen could have stopped Johnson’s plan – and may even have warned him against pushing too far – contrary to claims she was just a “rubber stamp” for the government’s high-stakes Brexit strategy.Twomey’s research into the constitutional role and powers of the Queen were cited in Britain’s Supreme Court on Wednesday, where 11 justices are grappling with the question of whether Johnson’s move to prorogue Parliament for five weeks in the lead-up to Brexit was unlawful.
Sir James Eadie, QC, for the government, referred to Twomey’s examples of prorogation being used around the world, including in Australia, “for overt and obvious political purposes”, to back his argument that such tactics should not be reviewable by the courts. This would encourage a political party disadvantaged by prorogation in Australia to take legal action.And the litigation “is likely to provoke people to bring proceedings in the future”, Twomey said. “Everybody had just assumed [prorogation] was non-justiciable.”“This [court case] is something that lawyers and legal scholars across the Commonwealth will be watching closely – not to mention Australian politicians,” he said.
And in 2016 Malcolm Turnbull prorogued federal Parliament to push through building industry watchdog legislation and bring on a double-dissolution election.
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