The Unconstitutionality of the Prorogation Judgment
The Supreme Court of the United Kingdom has ruled that when three Lords Commissioners prorogued Parliament—by reading a royal commission to the Lords and Commons assembled in the House of Lords at about 2 a.m. on September 10 (a date undiscoverable from the judgment)—it was all “unlawful, null and of no effect”, just “as if the Commissioners had walked into Parliament with a blank piece of paper”. In thus impeaching what was self-evidently a proceeding in Parliament, the Court was acting against an Act of Parliament which for over 300 years has been regarded as decisive in defining the constitution of the United Kingdom and the law and conventions (including judicial conventions) governing the highest organs of the realm. That Act is the Bill of Rights 1689, which by Article 9 provides that “Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament”.
The judgment’s attempt to justify this evasion of the primary and…
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