Critics, be careful what you wish for

WHILE I acknowledge their disappointment, the Prime Minister’s characterisation of the recent Supreme Court decision as “wrong” and, worse still, the Leader of the House’s description of it as a “constitutional coup” were, to my mind, thoroughly irresponsible.

People in their positions should be expected to avoid the temptation to undermine the judiciary by giving public vent to their personal opinions. Baroness Hale made it perfectly clear in the judgment that the court’s decision had nothing to do with whether or not the UK left the EU.

Indeed, the Government’s own position was similar, with the Prime Minister claiming that the long prorogation he sought was needed only to prepare for the Queen’s speech. The case turned on two issues; first, whether the Prime Minister’s decision was “justiciable” – i.e. something that the court had jurisdiction to decide – and, second, if it was justiciable, whether there was “reasonable justification” for the Prime Minister’s decision to advise The Queen to prorogue Parliament for five weeks, instead of the usual four or five days.

As regards the first issue, the decisions of Government departments and other public bodies are challenged daily in a system of independent courts and tribunals throughout this country. One of the principal purposes of our independent judiciary is to uphold the rule of law – the concept that nobody is above the law, however exalted or lowly his or her position in society.

Judges and justices even take an oath “to do right to all manner of people after the laws and usages of this Realm without fear or favour, affection or ill-will”. As regards the second issue, as I understand it, the Prime Minister chose not to file a statement with the court. It was hardly surprising, therefore, that

the court found that no reasonable justification for such an unusually lengthy prorogation, especially at a time of political crisis, had been shown.

People who echo Mr Johnson’s and Mr Rees Mogg’s criticisms of the Supreme Court decision had better be careful what they wish for. Without the citizen’s right of access to the courts and the rule of law, we would be on the slippery slope to a totalitarian government which could do as it pleased without challenge. I’m sure that is not the “freedom” for which Brexiteers yearn.

PJ Knowles,

Somerset