Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
Jan 28, 2026 8:05 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
Why Columbus is more important than you realize
There is likely no public secular holiday more controversial than Columbus Day. Since the observance first began to be celebrated in the nineteenth century it has been opposed by a diverse rage of groups, from the Ku Klux Klan to the American Indian Movement to the National Council of Churches. The Italian navigator tends to provoke strong reactions throughout the Western Hemisphere, and every year we renew our debates about whether he was a bold and brave explorer or a...
Radio Free Acton: The debasement of human rights; Econ quiz on USMCA
On this episode of Radio Free Acton, John Couretas, Director of Communications at Acton, speaks with Aaron Rhodes, a human rights activist based out of Hamburg, Germany, about Aaron’s new book “The Debasement of Human Rights.” Where does the notion of human e from and how can we better defend it? Then Caroline Roberts, Producer of Radio Free Acton, talks to Stephen Smith, Professor of Economics at Hope College, about the new North American trade agreement, the USMCA. They discuss...
Watch Samuel Gregg’s 10 minute defense of religion and freedom
Let me take a moment to brag about my colleagueSamuel Gregg, the Director of Research here at the Acton Institute. Almost every week we post an article or video by Gregg here on the PowerBlog, and yes, that’s partiallybecause he’s one of us. But we’d be promoting his work even if he wasn’t a part of Acton for the simple reason that Gregg is one of the most articulate defenders of ordered liberty in the world. Don’t just take my...
Force fathers to stay at home? A warning from Europe
It was a curious sight to see a Wall Street Journal op-ed call for social engineering to change the way families choose to raise newborn babies. It was more curious yet to see right-leaning Catholics endorse the notion “in the name of conservative family values.” This is especially true, as Europe shows the manifest failures and harmful effects of their chosen policy. Joanne Lipman opened the debate with her op-ed titled, “Want Equality? Make New Dads Stay Home.” She highlighted...
The suffering of Cardinal Zen
This article is written by Moris Polanco, originally published by Instituto Fe y Libertad and republished with permission. The elderly cardinal Zen Ze-kiun, bishop emeritus of Hong Kong, said in his blog on February 5, 2018, “The brothers and sisters of mainland China are not afraid of being reduced to poverty, of being put into prison, of shedding their blood. Their greatest suffering is to see themselves betrayed by ‘family.’” He’s right. For a moment let’s put ourselves in the...
What does Amazon’s minimum wage have to do with the Church?
In a recent article for The American Spectator, Rev. Ben Johnson, senior editor at the Acton Institute, addresses some of the problems that arise for the Church as a result of Amazon’s recent wage raises. According to Johnson, “Amazon recently announced that it is raising the wage of its lowest-paid U.S. workers to $15 an hour, and above the proposed ‘real living wage’ in the UK.” es in addition to Amazon’s CEO Jeff Bezos’ “plans to lobby Congress to raise...
Listen: The Christian case for capitalism
The Institute of Economic Affairs explores the ethical argument for a free economy – and why Christians are not making it. In the latest episode of its podcast, an Anglican priest and a Catholic scholar discuss that question, as well as Archbishop Justin Welby’s homily against Amazon, Jesus’ supposed condemnation of wealth, and why clergy tend to support government intervention into the economy. Fr. Marcus Walker, Rector of St. Bartholomew’s Church (COE) in London, speaks with Religion & Liberty Transatlantic...
Are you more rational than the market?
Note: This is post #96 in a weekly video series on basic economics. The stock market is prone to certain anomalies. There’s the Monday Effect (where stocks fall more on Mondays), the January Effect (which says that stocks surge higher in that month), and the Momentum Effect (where past stock performance predicts future performance, at least a bit). Can’t a savvy investor take advantage of these anomalies to “beat” the market? Probably not. “Despite its flaws, the market is still...
From ideology to imagination: How Russell Kirk brought me back to conservatism
This is the third in a series celebrating the work of Russell Kirk in honor of his 100th birthday this October. Read more from the serieshere. As a young college student entering the fray of campus debates, I became enthralled with a particular variety of libertarian thought. Though once a conservative, I began to pack my brain with the likes of Bastiat, Mises, Hayek, and Rothbard. I grew confident in my opinions about policy and was proud of the ideological...
D.C. restaurants fight back: When workers oppose a higher minimum wage
Last June, Washington, D.C. residents voted to pass Initiative 77, a ballot measure that raised the minimum wage for all restaurant workers, including those making tips. Driven by Restaurant Opportunities Centers United (ROCUnited), the policy was meant to ensure that “that no one has to experience the financial es with being forced to live off tips.” Yet many of the very workers who the law sought to rescue or protectdidn’t want it in the first place, and fought vociferously to...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved