Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
Dec 11, 2025 6:52 PM

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
What’s the Right Minimum Wage?
What’s the perfect minimum wage? $10 an hour? $20? $50? Economist David Henderson explains why it should be “zero.” As Henderson explains, when the state mandates a minimum wage (or an increase), it makes harder for unemployed people to find work and forces business owners to cut the hours of lower-skilled employees. ...
7 Figures: Family Structure and Economic Success
Family structure is one of the most significant, though oft-overlooked, factors that affect the economic fortunes of Americans. A new study from AEI titled “For Richer or Poorer” documents the relationships between family patterns and economic well-being in America and shows how radically it can affect e. Here are seven figures you should know from the study: 1. The growth in median e of families with children would be 44 percent higher if the United States enjoyed 1980 levels of...
Samuel Gregg: The Envy-Inequality Nexus
Acton’s Director of Research, Sam Gregg, ponders “Envy In A Time Of Inequality” in today’s American Spectator. Envy, he opines, is the worst human emotion. From the time that Cain killed Abel to today’s “near-obsession with inequality,” Gregg says envy is driving public policy…and that’s not good. The situation isn’t helped by the sheer looseness of contemporary discussions of economic inequality. Inequality and poverty, for instance, aren’t the same things. That, however, doesn’t stop people from conflating them. Likewise, important...
In California, Abortion Rights Trump Religious Freedom of Churches
Remember the Hobby Lobby case when the Supreme Court ruled that an employer could not be required to provide employees with certain types of abortifacients if it was against their religious beliefs? Remember also how some plained that such exemptions in health care plans should be allowed only for churches and religious ministries? Apparently, the state government of California thinks that both of those claims are absurd. They think that every employer — including churches — should be required to...
The Complexities of Airport Capitalism
Over at The Federalist today, I ruminate on a conversation I overheard at an airport recently. I was an innocent auditor, I assure you. In the words of Sam Gamgee to Gandalf, “I ain’t been droppin’ no eaves sir, honest.” The conversation had to do with the prices of goods and services on offer atairports. To simply blame (or credit) capitalism with the situation is misleading. As I conclude, “We should try to understand the words people are using, the...
Public Health: Is ‘Social Justice’ More Important Than Sound Science?
The Center for Disease Control (CDC) has been criticized recently for its handling of the Ebola cases in the United States, and for its lax suggestions regarding travelers from countries where Ebola is rampant. In today’s City Journal, Heather Mac Donald suggests that the CDC’s lack of leadership has more to do with political correctness in the public health arena and their version of “social justice” than with science. Science would assert that people make choices that have an effect...
Are Commercial Transactions Inherently Shady?
By giving us the ability to buy and sell, says Wayne Grudem, God has given us a wonderful mechanism through which we can do good for each other. Buying and selling are activities unique to human beings out of all the creatures that God made. Rabbits and squirrels, dogs and cats, elephants and giraffes know nothing of this activity. Through buying and selling God has given us a wonderful means to bring glory to him. We can imitate God’s attributes...
Child Soldiers: Another Form Of Human Trafficking
Children in poor and war-torn countries are often trafficking victims. They are lured from their homes with promises of making money in factories or at farms. Sometimes they are kidnapped. And sometimes, they are recruited for war. Tom Burridge of BBC News reports on the war in South Sudan, and the prevalence of “recruiting” young boys to fight. On a normal school day, Burridge says that more than 100 boys are kidnapped from their classroom and told they must fight...
The FAQs: Are Ministers in Idaho Required to Conduct Same-Sex Weddings?
What is the Idaho wedding chapel story all about? Same-sex marriage became legal in the state of Idaho earlier this month after a federal court ruled in the case of Latta v. Otter that the state’s statutes and constitutional amendment banning same-sex marriage was unconstitutional. This ruling affected an anti-discrimination ordinance in the city of Coeur d’Alene, which was enacted last year to cover “sexual orientation” and “gender identity.” (Since there is currently no similar state or federal non-discrimination laws,...
Start Reading: 100 Best Christian Books
It’s no secret that I, like all good perfectionists, love a good list. And this is a good one: Paul Handley at Church Times gives us the 100 best Christian books. Of course, like any good list, we can debate the merits of inclusion and exclusion (that’s part of the fun of a good list!) but certainly, for any serious Christian, this offers great food for thought. Just to get whet your literary appetite, here are the top ten: Confessions,...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved