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As Day 2 of #SupremeCourt prorogation hearing starts, here is the link to the Prime Minister’s written case.

Terrific job being done by ⁦@UKSupremeCourt⁩ staff to keep proceedings as transparent and accessible as possible. supremecourt.uk/docs/written-c…
Essence of Sir James Eadie’s arguments for govt is there are no judicial & manageable standards against which PM’s advice to HMQ to prorogue can be assessed, & that it is not constitutionally appropriate for the courts to seek to do so, since political resolution, not judicial.
Ct (Lord Kerr) asks whether Eadie accepts it is for the court to determine what the limits of the extent of prerogative power are.

Eadie says yes.

Q: Do you also accept that prerogative powers are also constrained by overarching fundamental rights?

A: In some circs, yes.
Read 25 tweets
Here’s the full jmnt in #Cherry.

From a skim, it’s a damning assessment of the PM. No matter what the findings on justiciability next week, surely he must resign.

Court finds prorogation was mooted specifically as a means to stymie any further legislation regulating Brexit.
Lord Brodie: Procedural manoeuvres are the stuff of politics, whether conducted in plmnt or lesser bodies. However, when the manoeuvre is quite so blatantly designed ‘to frustrate plmnt’ at such a critical juncture in UK history, the court may legitimately find it to be unlawful.
If you want to skip straight to some key paragraphs, go to [53]-[60], [91], [123]-[124].

More once I’ve read it properly.
#Cherry #prorogation
Read 4 tweets

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