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Rod Speed Rod Speed is offline
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Default Supreme Court



"nightjar" wrote in message
...
On 25/09/2019 17:01, Norman Wells wrote:
On 25/09/2019 16:56, nightjar wrote:
On 25/09/2019 12:41, Norman Wells wrote:
On 25/09/2019 12:00, nightjar wrote:
...
Until this ruling, she was constitutionally bound to follow his
advice. Now, she could choose to ignore it,

I think not. She is still bound constitutionally to follow the advice
of the Prime Minister. She cannot take it into her own hands to second
guess what the courts might decide if they become involved...

Constitutional experts interviewed last night suggest that the judgment
opens up the possibility that she could ignore the advice, if she had
grounds to think it was unlawful.


What would happen if she got it wrong, and denied the legitimate
government the ability to do something it was perfectly entitled to do?
Constitutionally, that would be an outrage and a crisis.


I think you do the Queen a disservice. She has been at the job longer than
Boris has been alive. It wouldn't be her who made a mistake, even if she
chose to refuse the advice, rather than simply question Boris (while he
stays PM) more closely if he appears to be doing something unusual or
controversial.

With constitutional matters, it is always necessary to look not only at
how it has an effect now but also at how it might have an effect in the
future. Bismark made this mistake in Germany. His constitution worked well
with a strong Chancellor and a malleable Kaiser. With a Kaiser who had
been made to feel inadequate since childhood and a Chancellor who could
not curb his ambitions to demonstrate to the world that he was the equal
of his royal cousins, it helped to contribute to the start of the Great
War.

That is why Boris should resign immediately, thus setting a precedent for
any future PM who might wrongly advise the monarch.


Thats not how precedents work and you dont know that he
did wrongly advise Liz anyway. For all you know he may well
have just told he that he was going to prorogue parliament
for 5 weeks.

That would avoid giving some future monarch, perhaps as yet unborn, an
excuse to try to reclaim some of the ancient powers of kings.


Liz doesnt have to accept all the advice she is given.
She is in fact free to say that would be unlawful.

However, Boris seems far too arrogant even to admit he made a mistake,
despite the unanimous ruling of 11 of the highest judges in the land.


Its no news that legal parasites keep attempting to have more
say on what must be done, as Sumption has spelled out so clearly.

Instead, he seems intent on stirring up dissent in parliament,


Corse no other party leader has ever done anything like that, eh ?

presumably in the hope that will trigger the vote of no confidence he so
dearly wants, so that there can be a general election before 31st October.


He knows that there is no chance of that, no matter how much he stirs.