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Adam Wagner
@AdamWagner1
, 3 tweets, 1 min read Read on Twitter
This. Is. The. Prime. Minister's. Fault.

Blaming the lawyers is absolutely classic and in this case it's ridiculous. Constitutional experts were publicly arguing over whether prorogation to avoid scrutiny would be lawful as soon as it was mooted...
There was no textbook chapter the Attorney General could consult and find the answer to this. It was a novel point of law. Nobody knew the answer until this morning, but everyone knew it could go either way.
If the AG advised the PM would definitely win then that would have been foolish and perhaps he should go. But I bet he wasn't that confident in his full advice.
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More from @AdamWagner1 see all

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Adam Wagner
@AdamWagner1
This brings to mind an interview with Lady Hale I wrote up 9 years ago (!). She was already hyper-focussed on ensuring that the then new Supreme Court was and was seen to be independent from the govt, right down to who ran the cafe (then was the MoJ) ukhumanrightsblog.com/2010/09/16/lad…
This is the @UKSCBlogcom interview from 2010. Very clear even then that Lady Hale at least was seeing it as a constitutional court which had to be separate and independent from the government ukscblog.com/an-exclusive-i…
9 justices... how old fashioned!
Read 4 tweets
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Adam Wagner
@AdamWagner1
Lots more to say, but my position is that (1) I agree we should in the long term move towards a written constitution, but (2) has to be genuinely consensus-based, (3) this government who are hostile to the rule of law and human rights should *not be trusted* with that process
Also, there is a dangerous anglophone bias in assuming that the only relevant comparison is the USA, where there is an out of date constitution which is practically impossible to amend, and highly politicised judges. There are other systems which are more of a middle ground
Sorry to keep going back to it, but I did predict this would happen! It's not just about Brexit or political views , there has been something important going on in the courts over a relatively long period which has led us here - but this crisis exacerbated newstatesman.com/politics/brexi…
Read 12 tweets
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Adam Wagner
@AdamWagner1
Fascinating and important new judgment by the President of the Family Division refusing to permit a trans male parent who gave birth to a child to be registered as 'father' or 'parent' on birth certificate. Under common law he remains the child's 'mother' judiciary.uk/wp-content/upl…
Here is the press summary, v useful though it doesn't make clear that the claimant, the parent, lost the case. There was also a human rights aspect of the claim relating to article 8 (family and private life) which failed judiciary.uk/wp-content/upl…
I should say that I am tweeting for information not because I agree with the judgment. I haven't read it in full yet. Those who argue that there is a fundamental distinction between biological sex and gender will I imagine be pleased with the result
Read 3 tweets

Related threads

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Schona Jolly QC
@WomaninHavana
Here we go #prorogation

Can’t make out the sound though. Streaming problems. #SupremeCourt
Ok sound back on. Lady Hale now setting out the facts relating to the prorogation itself
Unanimous judgment of all 11 justices.

Court holds this IS Justiciable.

Repeat. It IS justiciable. Unanimously.
Read 43 tweets
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Steve Parks
@steveparks
As the Supreme Court considers vital questions to protect our parliamentary democracy, I found a tearful woman at the feet of Sir Winston Churchill...
#Prorogation #ProrogationCase
This statue of one of Britain’s most famous parliamentarians and Prime Ministers stands in his old constituency, Woodford, on the edge of the green. It’s still well-respected by local people
en.m.wikipedia.org/wiki/Woodford_…
As I drove past saw the flicker of a flame in the evening light. I pulled over and walked across the green.
A woman stood by candles she had lit at Churchill’s feet, paying her respects, and she was a little tearful. She introduced herself as Isis...
Read 17 tweets
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James Cook
@BBCJamesCook
THREAD I have been wading through the full judgment from Scotland's highest civil court, the Court of Session, on the prorogation of parliament this evening (with assistance, as you can see). Here are some points I think are interesting. #Prorogation #TheNine
First, what is this all about? A group of parliamentarians led by @joannaccherry of the SNP wanted to stop the prorogation (suspension) of parliament, which has now taken effect, arguing that it was unlawfully designed to stymie parliamentary debate on Brexit.
As it happened the High Court in London has rejected a similar case but one argument made by the petitioners in Edinburgh (that is, Ms Cherry and co) was that Scotland (which has its own legal system pre-dating the 1707 union with England) had different law in this matter.
Read 32 tweets
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Ruth Fox
@RuthFox01
Lots of discussion today about whether the length of #prorogation really matters given the upcoming party conference season. But conference recess hasn't been agreed. So we’ve crunched the numbers and yes, the length matters! (thread – 1/17!)
The government’s desire to bring this long session to an end and outline a new legislative programme in a Queen’s Speech could be met with a prorogation of one to two weeks. Anything longer than this is both unnecessary and beyond the norm. (2/17)
We do not yet know on which day between 9 and 12 September Parliament will be prorogued. The Order in Council states that it will be no earlier than Monday 9th September and no later than Thursday 12 September. (3/17)
Read 18 tweets
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The Political Studies Association
@PolStudiesAssoc
Today's turning out to be an interesting day in British politics. What is #Prorogation and what does it mean for the weeks ahead? A thread of some info from around the web:
This morning, Prime Minister Boris Johnson announced a Queen's speech on 14 October in a letter to MPs, which you can read here:
scribd.com/document/42350…
Confused about all this talk of #Proroguing? @commonslibrary has you covered: researchbriefings.parliament.uk/ResearchBriefi…
Read 9 tweets
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Devutopia
@D_Raval
There it is, confirmation Johnson wants to shut down Parliament. What will those Tory ministers who said they would never stand for that, like Hancock, do now that they are in Johnson’s Cabinet?
Exhibit 1- Matt Hancock, currently Sec of State for the NHS.
Here's what he said about proroguing when he was in the Tory leadership campaign. Lying then or now?
#Prorogation
Exhibit 2 - Nicky Morgan, currently Sec of State for Media and Culture
Here she says she would support legal action against the prorogation of Parliament. Lying then or now?
#Prorogation
Read 7 tweets

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