September 26, 2019

STAND WITH QEII:

Two flaws in the Supreme Court's verdict (David Green, 26 September 2019, The Spectator)

As William Blackstone warned in his famous Commentaries on the Laws of England, first published in the same decade as the Entick case, if every judge were a legislator, it would 'introduce most infinite confusion; as there would then be almost as many different rules of action laid down in our courts, as there are differences of capacity and sentiment in the human mind.'

In the past the remedy for unreasonably long prorogations has been recognised as political, and not for the courts. Richard Ekins, professor of law at Oxford has called the court's action an 'unjustified novelty'. The problem, he said, is 'a willingness to overturn settled law in 'exceptional circumstances' in order to right what the Court thinks is a wrong. But the duty of the courts is to follow the law, not to remake it.'

The Supreme Court claimed to have been upholding parliamentary accountability, but the real problem is their own lack of accountability to anyone but themselves.

Posted by at September 26, 2019 12:00 AM

  

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