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The State has three arms: the executive (government), legislature (Parliament) and judiciary (Courts) Only if all three can function effectively do we have democracy. 1/8
The State has three arms: the executive (government), legislature (Parliament) and judiciary (Courts) Only if all three can function effectively do we have democracy. 1/10
The Government has the power to close Parliament (usually for a period of 3-5 days) to introduce a new legislative programme, (the power to 'prorogue'). The Government claimed that this is what it was doing when it closed Parliament, albeit that it did so for 5 weeks. 2/10
The Scottish Court rejected that explanation for closure. It found on evidence that the Government's true purpose was to prevent Parliament from carrying out its core function; scrutinising the executive and thus protecting the interests of 'the people' whom it represents 3/10
Unsurprisingly perhaps, the Court found that purpose to be unlawful since it necessarily involved the executive in stymieing the democratic role of the legislature, thus undermining a core tenet of democracy - representation of the people. 4/10
Unusually, in a case such as this the Government, while claiming that its reason for prorogation was merely for the purposes of a Queen's Speech, it did not provide sworn evidence as to its reasons or reasoning. 5/10
Consequently and as a result of other information obtained by Dominic Grieve, Parliament ordered the Government to disclose all relevant communications relating to the decision. This is material that the Government should already have disclosed in the court proceedings. 6/10
Yesterday, the Government refused to provide that material in defiance of Parliament. Only Parliament can address that failure. The Government is however, treating Parliament as still closed. A catch-22. 7/10
The Supreme Court will have to deal with all this and more on Tuesday. It will not have the material sought by Parliament, which should already have been disclosed to the Courts. Its approach to that will be interesting. 8/10
And finally, there is some irony in No. 10 and @KwasiKwarteng claiming that Judges are entering politics. What is happening here is not political but constitutional; the Scottish Court is maintaining the institutional balance of the Constitution that ensures democracy. 9/10
The Court upheld the institutional rights and obligations of Parliament, the arm of the State that directly represents 'the people' vis a vis the executive. @RobertBuckland discharged his constitutional obligation to protect the Judiciary in carrying out this fundamental task.10
And finally, on an unrelated note, I'm just leaving this here: cityam.com/suspend-parlia…
