, 9 tweets, 2 min read Read on Twitter
Reporting regarding the Supreme Court decision has focused on the tribal politics & on Brexit. Few ordinary people are aware that the judgement abolishes the UK's constitutional monarchy, let alone how it does that. So allow me to explain...+
+The traditional view (& defence) of constitutional monarchy is that it consisted in a set of at-a-pinch powers that the monarch could use to resist great wickedness or an attempt to act unconstitutionally, or to resolve unanticipated crises.+
+Supporters of constitutional monarchy saw it as a last line of defence. If, we said, a Hitler or Mugabe were elected here, the Lords wld resist him. The courts wld resist him until he replaced the judges. And then the final fastness: the Crown.+
+The Supreme Court formally ended that system, in 2 ways (or, if you prefer, officially deemed that it had already ended).+
+First, central to the qstn of whether the Court had authority to rule was this statement: the Court declared that it was universally accepted that the monarch cld not refuse the PM's advice, re the exercise of a prerogative, *even if that advice were to do something improper*.+
+That claim was central. The Court said the Crown cld not prevent an unconstitutional exercise of a prerogative, so if the Court did not do so, the PM cld exercise it without restriction - eg shutting Parliament & never re-opening it.+
+That means if some future PM Hitler advised, say, Royal Assent be given to his "Lock up all political dissidents" bill, & the monarch attempted to refuse, that PM Hitler cld appeal to this Supreme Court judgement as stating that his advice may not be refused.+
+Second, the Supreme Court abolished that system in its remedy: deeming that prorogation had never occured, ie deeming the Queen's decision over-ruled. That means if the Queen attempted to exercise a prerogative to block a PM Hitler, he cld hv his Court set her decision aside.+
+Thus the Supreme Court (& the govt, by accepting its decision) abolished the constitutional monarchy. The Queen may not personally exercise her reserve powers, & even if she did so her decisions can simply be over-ruled.
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