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If you're a High Court judge what are you thinking about what's coming? A proroguing of Parliament? The Queen forced to opine on whether Johnson has a majority in the Commons? A No Deal in the face of Parliament's expressed will? /1
You're not complacent. You know these are times without modern precedent. You know our constitution offers few answers. 'Does the law have a role?': that's the question you're asking yourself. /2
It one sense it's hard to see how you get involved. A conventional analysis argues powerfully against it. You are taught to leave the functioning of Parliament to it and defer to choices made using the royal power devolved upon the Prime Minister. /3
But that analysis feels rather formalistic in a world where Parliament is being bypassed and the Queen's role will be politicised.
I doubt it will hold. /4
I doubt it will hold. /4
Our constitutional bedrock is the sovereignty of Parliament. And you will see powerfully the need to ensure the political neutrality of the Queen. You can only protect these things if you abandon formalism. /5
What might a challenge to protect them look like? How will you react as a judge? What does it mean to be a guardian of the rule of law where predecent offers no guide. These are not questions we will be able to ignore. /ENDS
