The extraordinary ruling of the United Kingdom Supreme Court, declaring unlawful the prorogation of Parliament on the Prime Minister’s advice, must trigger an urgent review of the constitution. Britain found itself with a new Prime Minister who considered himself unbound by the normal conventions which tied the hands of his predecessors – conventions designed to protect Parliament from an overmighty executive, and so protecting the liberties of every citizen. Parliamentary sovereignty is the final guarantor of the rights of the people of the United Kingdom, and anything which weakens Parliament weakens those rights.
This is the contradiction at the heart of the argument that Britain’s departure from the European Union has become a conflict between Parliament and the people. Parliament represents the people – it cannot logically be in conflict with itself. The 2016 referendum did not create an institution other than Parliament to carry out its decision to leave the EU. Only Parliament could do that – and it could decline to do so until it determined that it was satisfied as to the terms. The job of Parliament is to scrutinise and supervise the Government’s actions in connection with Brexit, and in all other matters.
26 September 2019, The Tablet
Citizens’ rights are still not protected
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