Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
Jan 31, 2026 1:24 AM

This morning, the Supreme Court of the United Kingdom ruled unanimously that Boris Johnson unlawfully suspended Parliament and annulled hisorder to prorogue. Today’s Supreme Court decision holds deep importance for Brexit, EU corruption, and the rule of law.

The Supreme Court branded Prime Minister Johnson’s order to prorogue Parliament “unlawful” and declared it null and void. Members of Parliament were told to act as though it had never taken place. Speaker John Bercow announced Parliament will return to session tomorrow morning at 11:30, and all the legislation, that had been scrapped under prorogation receives legal resurrection.

Establishing judicial activism

Today’srulingis without legal precedent. Jurists havetraditionallyinterpreted the UK’s unwritten constitution to hold an order to prorogue Parliament as not justiciable. This dates back to at least Article IX of the 1689 Bill of Rights, which states that “[p]roceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament.”

This is precisely thedecisionreached by the English High Court on September 11, which declared prorogation was “not justiciable.” Since the decision is “purely political,” prorogation “is not a matter for the courts.”

Gina Miller, the campaigner who appealed the decision, argued Johnson did not merely want to prepare for a new domestic agenda; he acted to shorten political debate over Brexit and legally misled Her Majesty. But again, the lower court had ruled against her. “Parliament may be prorogued for various reasons,” the High Court ruled, and it “is not limited to preparing for the Queen’s Speech.”

Suspending Parliament has been, at times, transparently political. “Prorogation has been used by the Government to gain a legislative and so political advantage,” the court ruled. The Parliament Act 1949 could legally take effect without a vote from the House of Lords if three successive sessions of the House of Commons passed it. The government decided to prorogue Parliament to create three sessions within two months. “[E]ven if the prorogation under consideration in the present case was … designed to advance the Government’s political agenda regarding withdrawal from the European Union rather than preparations for the Queen’s Speech, that is not territory in which a court can enter with judicial review.”

But on Monday, the Supreme Court of the UK overturned them. The 11 judges held that “the decision to advise Her Majesty to prorogue [P]arliament was unlawful because it had theeffectof frustrating or preventing the ability of parliament to carry out its constitutional functions without reasonable justification.” (Emphasis added.)

The judges ruled that intention, process, pliance with constitutional norms were irrelevant. Boris Johnson’s order could be struck down because judges disliked the “effect” of an otherwise lawful action. This UK Supreme Court ruling is not an act of judicial review butjudicial fiat.

Specifically, the judges found the five-week timeframe too long. Citing previous legislation, the judges rule that there must be a time-based “legal limit on the power to prorogue.” Theyproved this by citing previous “statutory requirements” – that is, laws passed by previous Parliaments – requiring MPs to sit for a certain period of time.

However, this Parliament passed no such legislation. Indeed, members were expected to break forat least three of these five weeks for party conferences. Since MPs do not usually sit (that is, they don’t work) every weekday, the order cost them only a few days of deliberation. But in the view of the judges, this was too much and rendered a lawful order “unlawful.”

To be clear: Members of the Supreme Court substituted their own judgment for the law. If allowed to stand, this judgment portends a dim future for constitutional order in the UK. It will mean that 11 judges, in the absence of statute, can create and impose new legal norms onother branches of government. This threatens to put the UK on the same path as the United States, where five appointed judges can invent new “rights” and overturn legislation that they deem “unduly burdens” the rights they artificed into jurisprudence.

Whither Brexit?

Boris Johnson has said he will simultaneously proceed with Brexit on October 31 ply with a new law barring the UK from leaving the EU on that date unless Parliament approves a withdrawaldeal. EU officials have shown little sign of radically altering the deal offered to Theresa May, which MPs voted down multiple times by historic margins. Parliament’s Remain majority intends these actions to stymie the implementation of the 2016 referendum until such time as it can be overruled through a second, “People’s Vote.”

Brexit might allow the UK to strike free trade deals with African nations, especially for agricultural goods no longer subject to EU tariffs of up to 18 percent. Such deals might allow shipments of Christian aid from churches in the West to slow, then stop, as these nations provide for their own needs and take their place as part of the developed world. People of faith concerned about eradicating poverty see this future made more remote.

Defining democracy down

EU figures have already used the ruling to justify the arcane and Byzantine practices of Brussels. Guy Verhofstadt, the EU’s Brexit negotiator who has said he wants the EU to morph into an “empire.”

“Parliaments should never be silenced in a real democracy,” hetweeted. “I never want to hear Boris Johnson or any other Brexiteer say again that the European Union is undemocratic.”

At least one big relief in the Brexit saga: the rule of law in the UK is alive & kicking. Parliaments should never be silenced in a real democracy.

I never want to hear Boris Johnson or any other Brexiteer say again that the European Union is undemocratic.

— Guy Verhofstadt (@guyverhofstadt) September 24, 2019

However, it was not Boris Johnson, Daniel Hannan, or Nigel Farage who said theelectionof Ursula von der Leyen to lead the European Commissionproved“the EU is hell-bent on deepening its democratic deficit and pushing citizens farther away from its decision-making.” It wasMartin Schirdewan, a German MEP and acting president of the European Parliament’s Confederal Group of the European United Left/Nordic Green Left (GUE-NGL).

The Supreme Court of the UK’s ruling has substituted the rule of an unelected elite for constitutional order, postponed human flourishing, and whitewashed EU mismanagement. No one should celebrate this trifecta.

Morris. This photo has been cropped and modified for size.CC BY-SA 3.0.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Video: Is the Tea Party Catholic?
Acton Institute Director of Research Samuel Gregg sat down with Daniel McInerny, the Editor of the English edition of Aleteia, to discuss his latest book,Tea Party Catholic.McInerny and Gregg explore what Catholics should believe regarding limited government, free markets and capitalism. Check out Sam’s book here, and view the interview below. ...
5 minute explainer: Subsidiarity
Concepts you should know about, explained in five minutes (or less). Leo Linbeck III, President and CEO of Aquinas Companies, provides a description of subsidiarity and its importance in American governance. ...
TCC: Lessons in Liberty & Restraint
Dan Clements, an American student studying at the University of Leuven, and I help greet conference attendees Last week, an exciting new organization called the Transatlantic Christian Council(TCC) hosted its inaugural conference. The theme of the conference was “Sustaining Freedom”, which aligns well with the Council’s mission “todevelop a transatlantic public policy network of European and North American Christians and conservatives in order to promote the civic good, as understood within the Judeo-Christian tradition on which our societies are largely...
Video: Sirico Reflects on Colorado Shooting on Fox News Channel
Acton President Rev. Robert A. Sirico had intended to join host Neil Cavuto in his New York studio to discuss questions of economics and religion, but Friday’s events in Centennial, Colorado prompted a different discussion altogether. ...
Audio: Sirico Joins Arthur C. Brooks on the Hugh Hewitt Show
Acton’s busy week of media appearances continued last night with Acton President Rev. Robert A. Sirico joining guest host Arthur C. Brooks – president of the American Enterprise Institute – onThe Hugh Hewitt Showto discuss Pope Francis,Evangelii Gaudium, and patibility of Catholic social teaching with free market capitalism. We’ve embedded the interview for you below, and added the video of Arthur Brooks’ 2012 Acton University plenary address after the jump. Arthur Brooks speaks at Acton University 2012 in Grand Rapids,...
Business and Askesis
Today at Ethika Politika, I look at the busyness of the Advent season through the lens of Orthodox Christian asceticism in my essay, “Busyness and Askesis: An Advent Reflection.” The Advent season in the United States is typically ransacked by shopping, parties, visits with family, and the like. Perhaps worst of all, it can seem impossible to avoid the bombardment of holiday and Christmas-themed advertisement. People work overtime in order to earn a little extra to buy gifts for friends...
In Praise of Slow Justice
Although the Slow Movement—a cultural shift toward slowing down life’s pace—began in the late 1980s, it has recently undergone a surge in popularity. Today there are numerous offshoots, including slow money, slow parenting, and slow journalism. While I’m not quite ready to give up fast food or fast media, I’m eager to align myself with what Robert Joustra calls “slow justice”: I’m trained to do slow justice. I do what Mike Gerson calls the banality of goodness. Slow, methodical, plodding,...
Is Religious Liberty Being Rebranded as ‘Christian Privilege?’
Yesterday, there was a panel discussion on religious liberty sponsored by the Center for American Progress in Washington. Joel Gehrke has an excellent summation of the event in the Washington Examiner that highlighted some remarks by C. Welton Gaddy. Later in the talk, Gaddy agreed with an interlocutor who asked if liberals “need to start educating, and calling out, Christians for trying to exercise ‘Christian privilege.'” “As a Christian” — a big part of Gaddy’s rhetorical power seemed to derive...
A Recommendation of Waughian Conservatism
While working on a recording together, Johnny Cash asked Bob Dylan if he knew “Ring of Fire.” Dylan said he did and began to play it on the piano, croaking it out in typical Dylanesque fashion. When he was done he turned to his friend and said, “It goes something like that, right?” “No,” said Cash shaking his head. “It doesn’t go like that at all.” I can understand how Cash felt; I often get the same feeling when people...
Obamacare: ‘Eat The Young’
On some snowy winter afternoon, bored with everything in the house, you probably tried to build a house of cards. From this experience, you know you have to build a large base, and work your way up to a smaller and smaller peak. That’s the only sensible way to do it. Obamacare, on the other hand, is a house of cards inverted. It is structured in a way that the young must hold up the aging population. And the young...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved