Arab News

Brexit fog no closer to clearing

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It was a landmark ruling that was about the constituti­on, not about Brexit — or was it? The UK Supreme Court deliberate­d whether the prorogatio­n of Parliament, which Boris Johnson had announced on Aug. 27, was lawful or not.

Activist businesswo­man Gina Miller had filed a lawsuit to contest the legality of Johnson’s prorogatio­n on the grounds that its length (five weeks) frustrated Parliament’s ability to discuss issues such as Brexit, as well as its supremacy.

What ensued was high drama in the highest court. Eleven justices, the highest number possible, sat — indicating just how important this verdict was going to be. A jostling of relative power between the executive, legislativ­e and judicial branches of government unfolded in front of our very eyes. This was important because the UK does not have a written constituti­on. This makes things fuzzy and leaves them open to interpreta­tion, which Brexit and an unconventi­onal prime minister brought to the test.

The court ruled on Tuesday and it did so unanimousl­y: It said that the court had jurisdicti­on and that prorogatio­n was a matter of the law. It further stipulated that parliament­ary sovereignt­y stands and that the government must not frustrate MPs going about their business, which was deemed to be the intention given the length of the prorogatio­n at a very important time. Supreme Court President Lady Hale’s final blow to the government was when she stipulated that prorogatio­n had never happened and handed the matter back to the speakers of the two chambers.

This ruling is of monumental constituti­onal relevance, as it establishe­s the supremacy of

once and for all. It is bigger than Brexit. However, it would never have happened if Brexit had not divided the country so deeply and left Parliament gridlocked. At the same time, Johnson is a boisterous prime minister willing to take risks in order to progress his Brexit agenda. He wants to leave the EU on the deadline of Oct. 31, “do or die.” Where does the ruling leave us? There is now clarity on the relative power among the three branches of government. No prime minister will be able to play fast and loose with the parliament­ary process again.

All in all, the government’s shenanigan­s have backfired. Johnson may have tried to prorogue Parliament to put through his

Brexit agenda. However, his action has now been declared unlawful. It is quite extraordin­ary for the head of government to err on the wrong side of the law. Neither did prorogatio­n serve any other aims. On the last day of Parliament, both houses passed a bill outlawing a no-deal Brexit.

The Supreme Court judgment was important, especially in the light of an unwritten constituti­on. It has, however, not changed anything on the ground. Parliament is still deeply divided on the issue of Brexit. The only thing MPs have been able to agree on so far is that they do not want a no-deal Brexit — and this too with a slim majority. Brexit has shot an Exocet missile across the major parties and the country as a whole. Politics is on steroids and the Supreme Court verdict, as valid and important as it is, has done nothing to calm matters.

 ??  ?? CORNELIA MEYERParli­ament
CORNELIA MEYERParli­ament

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