Brexit fog no closer to clearing
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.