Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
Dec 31, 2025 1:32 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
A Note of Thanks
There’s a good deal of new research that connects things like happiness and satisfaction to experiences rather than to material goods. If you want to be happy, the advice goes, buy experiences, not things. There’s some truth to this, of course, but the reality is a bit plex. After all, don’t you also have “experiences” when you use “things”? In fact, I want to take a moment to write a brief note of thanks for a little material item that...
What Happened to the Bill of Rights?
When the Founding Fathers were drafting the U.S. Constitution, they didn’t initially consider adding a Bill of Rights to protect citizens because it was deemed unnecessary. It was only afterthe Constitution’s supporters realized such a bill was essential to getting approved by the states that they proposed enumerating such rights in twelve amendments. (Ten amendments were ratified; two others, dealing with the number of representatives and with pensation of senators and representatives, were not.) The Bill of Rights was included...
Jonathan Witt: Free Economy Equals Clean Water
At The Stream, Jonathan Witt questions why nations with free economies have cleaner water. After all, wouldn’t it seem more likely that countries with heavy government regulations regarding the environment have cleaner water? An examination of the most polluted rivers and streams in the world paints a different picture. With only a handful of exceptions, the dirtiest rivers in the world are located within some of the most restrictive countries. In contrast, three of the top five cleanest streams orin...
Audio: Jordan Ballor on the Morality of Using Natural Resources
Jordan Ballor Acton Institute Research Fellow and Executive Editor of the Journal of Markets & Morality Jordan J. Ballor was a guest on Austin Hill in the Morningin late January on the Faith Radio Network to discuss the morality of resource extraction and use. Should Christians support efforts to drill for more oil and the use of new techniques to draw more of these resources from the Earth, or should they push for a new approach to energy creation and...
Audio: Jordan Ballor on Honesty in Science
On February 7th, Christopher Booker of Britain’s The Telegraphcaused a stir with his column entitled “The fiddling with temperature data is the biggest science scandal ever.” Booker remarked: When future generations look back on the global-warming scare of the past 30 years, nothing will shock them more than the extent to which the official temperature records – on which the entire panic ultimately rested – were systematically “adjusted” to show the Earth as having warmed much more than the actual...
Book Review: ‘Created for Greatness: The Power of Magnanimity’ by Alexandre Havard
By the end of January, most of us have given up on our New Year’s resolutions. These are goals we enthusiastically set during the silent nights of self-reflection that Christmas affords us. We contemplate our Savior’s magnificent and humble life in contrast with our own feeble and self-seeking, sinful existence. We intensely desire personal renewal to e holier and nobler persons; yet, alas, we lack the will to actualize our true human potential. Many blame the failure mit on laziness...
5 Reasons Why Christians Should Care About Economics
I recently pointed to a helpful talk by Greg Forster to highlight how understanding economics is essential for developing a holistic theology of work, vocation, and stewardship. Economics connects the personal to the public, and prods our attentions and imaginations to the broader social order. In doing so, it alerts us to a unique and powerful mode of Christian mission. In his latest book, Flourishing Faith: A Baptist Primer On Work, Economics, And Civic Stewardship, Chad Brand expands on this...
What the Church Offers Those Left Behind by Technological Change
Where can people turn when technology eliminates their jobs? Greg Forster argues the answer is the “church.” Forster offers five things the church can be for those whose jobs are eliminated or endangered by technological change: The church can be a place where people find their true identity. The church can be a place where people find healing. The church can be a place where people find wisdom and vision. The church can be a place of cultural entrepreneurship. The...
Is Your Child “Richer” Than the “Poorest” 2 Billion People in the World Combined?
“The bottom half of the world’s population owns the same as the richest 85 people in the world.” The stat was quoted last month in a report by the development organization Oxfam, but similar claims have mon.You’ve probably seen this statistic—or one like it—before in articles about economic inequality and assumed they must be somewhat true. But they aren’t. In reality, they pletely meaningless. One of the problems is that parisons are based on net worth (assets minus liabilities). If...
North Korea: We Don’t Need ‘Flashy Lights’
A NASA image released in February 2014 shows a night view of the Korean Peninsula. Apart from a spot of light in Pyongyang, North Korea is mostly cloaked in darkness, with China (top left) and South Korea (bottom right) on either side. -Reuters North Korea finally decided ment on the most famous image of the nation. Almost exactly one year ago, NASA released several photos of the earth at night, showing many brightly lit nations and a shockingly dark North...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved