LONDON - The United Kingdom’s Supreme Court ruled on Tuesday that Prime Minister Boris Johnson acted unlawfully when he advised Queen Elizabeth to suspend parliament just weeks before Brexit and that therefore the legislature had not been prorogued.
Parliament returned from the summer recess on 3rd September. The House of Commons voted to decide for themselves what business they would transact. The next day what became the European Union Act passed all its stages in the Commons. It passed all its stages in the House of Lords on 6th September and received royal assent on 9th September. The object of that Act is to prevent the United Kingdom leaving the European Union without a withdrawal agreement on 31st October.
The courts have exercised a supervisory jurisdiction over the lawfulness of acts of the Government for centuries. As long ago as 1611, the court held that “the King [who was then the government] hath no prerogative but that which the law of the land allows him”. However, in considering prerogative powers, it is necessary to distinguish between two different questions. The first is whether a prerogative power exists and if so its extent.
For present purposes, the relevant limit on the power to prorogue is this: that a decision to prorogue will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive.
Selon les propos du parlement, un autre décret sera signé pour sa suspension dès le 1e Octobre jusqu'au 15 Octobre... pendant ce temps, Il attaque le parlement devant la Cour Suprême pour Obstruction au Brexit.. le terme vient de juges eux mêmes !
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