Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
Jan 17, 2026 10:57 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
Hello, pot? This is the kettle…
David Klinghoffer, a senior fellow at the Discovery Institute, writes at NRO this week about the use of biblical texts in support of immigration liberalization by liberals, “Borders & the Bible: It’s not the gospel according to Hillary.” I find this essay problematic on a number of levels. Klinghoffer first reprimands Hillary Clinton, among others, for quoting the Bible: “While the Left typically resists applying Biblical insights to modern political problems, liberals have seemed to make an exception for the...
‘The school’ – attack on Beslan
New York Times reporter C.J. Chivers has a lengthy — and chilling — narrative on the terrorist attack on Beslan, Russia, that began on September 1, 2004. Chechen separatists took over School Number One, filled with children and parents on the first day of the academic year, and wired the place with bombs. A rescue attempt by Russian security forces three days later turned into a pitched battle and when it was over, 331 people were dead — including 186...
Doubt and certainty about spiritual realities
This Live Science article, “How Children Learn About God and Science,” by Robert Roy Britt, summarizes a new survey of scientific studies about the way children learn. It seems that an interesting conclusion has surfaced from these studies: “Among things they can’t see, from germs to God, children seem to be more confident in the information they get about invisible scientific objects than about things in the spiritual realm.” There’s no conclusive explanation for why this is the case, but...
Who will protect Kosovo’s Christians?
Seven years after the United Nations assumed control of the Serb province of Kosovo, talks are underway about its future. Orthodox Church leaders for the minority Serb population, which has been subject to attacks for years by Muslim extremists, are hoping to forestall mounting pressure to establish an independent state. Is the Church headed for extinction in Kosovo? Read mentary here. ...
Toward “peaceful coexistence” in India
I blogged last week on the ongoing dispute between China and the Vatican. Another demographic giant with tremendous economic potential—and some religious freedom issues—is India. ZENIT reports on Pope Benedict’s address to the new Indian ambassador to the Holy See (May 18 daily dispatch). The pope took the opportunity to make a ment on the subject: The disturbing signs of religious intolerance which have troubled some regions of the nation, including the reprehensible attempt to legislate clearly discriminatory restrictions on...
The wisdom of Woz
Steve Wozniak, famed inventor of Apple I, Apple II, and the original Apple software, has a new ing out. Here is a snippet from a Businessweek interview where he gives a nice, Actony take on creativity and education. Are there larger lessons that you have drawn about creativity and innovation? That schools close us off from creative development. They do it because education has to be provided to everyone, and that means that government has to provide it, and that’s...
Bono: give us a call
The Rock Star, sounding kind of Acton-ish: Bono acknowledges that four years ago when he toured Africa with then U.S. Treasury Secretary Paul O’Neill, bringing private sector with him would never have crossed his mind. It’s a signal of changes in Africa over the past decade, but in part it’s Bono’s own advocacy that has helped shift attitudes toward the African agenda. “I think it is bizarre that Africa got me interested merce,” chuckles the U2 lead singer in an...
Playing the Kyoto card
The researchers report that “latent heat loss from the tropical Atlantic and Caribbean was less in late spring and early summer 2005 than preceding years due to anomalously weak trade winds associated with weaker sea level pressure,” which “resulted in anomalously high sea surface temperatures” that “contributed to earlier and more intense hurricanes in 2005.” However, they go on to note that “these conditions in the Atlantic and Caribbean during 2004 and 2005 were not unprecedented and were equally favorable...
Outsourcing education
A couple years ago I wrote mentary that didn’t exactly defend outsourcing, but did recognize its benefits and argued that it could be done morally if done correctly. I won’t pretend that my writing is read widely enough to generate voluminous responses of any sort, but that piece did elicit a significant number of responses, many of them negative. Several correspondents, who had no personal connection to me, ostensibly knew a great deal about me, including my salary and the...
Immigration reform, French-style
“As we look at how the immigration debate is unfolding, there are reasons to be concerned about the rule of law,” Jennifer Roback Morse writes. “The mass demonstrations of the past weeks reveal a much more sinister development: the arrival of French-style street politics in America.” Read mentary here. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved