James Kirkup James Kirkup

Brexiteers should cheer the Supreme Court

Ignore, with great respect, the people telling you today that the justices of the Supreme Court have waded into politics, exceeded their mandate and involved themselves in matters that belong to elected officials not the judiciary.

Take five minutes to read the Court’s judgement on Boris Johnson’s prorogation of Parliament, where you will find a crystal-clear elucidation of principles that everyone – but perhaps especially those who favour leaving the EU – should celebrate and defend.

Before I get to that, it appears to be necessary to point out what the Court has not done and not said. The judges have not ruled that Boris Johnson lied to the Queen, even though many people who really should know better are saying this. David Lammy, for instance:

In fact, the court took no position on whether Johnson’s reasons for seeking prorogation were honestly stated. Lammy, several professional journalists and countless #FBPE tweeters are simply wrong when they say that the court has found that the PM “lied to the Queen”.

The ruling is actually simpler than that and about something more important: the constitutional primacy of Parliament. By taking actions that had the effect of preventing Parliament scrutinising his Government, the Prime Minister acted unlawfully. This isn’t about why he did what he did. This is about what he did.

One paragraph, number 55, of the judgement should be shared as widely as possible, plastered on front pages, taught to school children and possibly tattooed onto the skin of anyone, of any party, employed as a Government special adviser:

“Let us remind ourselves of the foundations of our constitution. We live in a representative democracy.

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