Home
/
RELIGION & LIBERTY ONLINE
/
The UK Supreme Court’s dangerous ruling
The UK Supreme Court’s dangerous ruling
Jan 29, 2026 4:44 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
What the Obamacare Website Failure Teaches Us About Crony Capitalism
As everyone from political pundits to late-night talk show hosts have pointed out, HealthCare.gov, the flagship technology portion of the Affordable Care Act (aka Obamacare), went live a couple of weeks ago — and was plete failure. A very, very expensive failure. Andrew Couts points out that taxpayers “seem to have forked up more than $500 million of the federal purse to build the digital equivalent of a rock.” Clouts puts that figure in perspective paring it to other websites:...
Why Christians Should Oppose the Debt Ceiling Charade
When es to political policy, Christians in America have a wide-range of opinions about what should be done. Even when we agree on a general principle, we tend to disagree about how that informs our policy choices. We recognize, for instance, that we have an obligation to care for the poor but differ on the type and degree of government involvement. Such differences can lead us to believe that there is nothing we can agree on. But I don’t believe...
Deneen and Creative Destruction
Among many other bizarre claims in his most recent article at The American Conservative, Patrick Deneen writes, Today’s conservatives are liberals — they favor an economy that wreaks “creative destruction,” especially on the mass of “non-winners,” increasingly controlled by a few powerful actors who secure special benefits for themselves and their heirs…. Pace Inigo Montoya, I actually have no idea what Deneen thinks creative destruction means in this context. Setting aside the question of whether or not it is a...
Columbus Day: Why Does It Matter?
The second Monday of October is designated as “Columbus Day” in the United States, ostensibly to give honor and tribute to the man, Christopher Columbus, who “discovered” America. Every American school kid learns to sing-song, “In 1492, Columbus sailed the ocean blue.” Today, the reason most people in the U.S. notice Columbus Day is because they don’t get any mail, and federal workers get the day off. (Of course, with the federal mail system dying a slow death and the...
‘Okay, We’ll Pay:’ Business Owners Prefer Penalty To Obamacare
, Debbie and Larry Underkoffler, owners of North Georgia Staffing, are considering paying government-imposed penalties rather than offering Obamacare to temporary employees. The couple offers excellent health care to their full-time staff, but with hundreds of temporary employees, the cost of offering health insurance could sink their business. [U]nder ObamaCare, the pany now faces a tough choice — cover all of its temporary workers as well, or pay a hefty fine. Aside from its full-time staff, pany also manages about...
Greece: Back to the Future
From Australia’s SBS Television: Greeks with Australian citizenship are returning here in the hope of finding jobs and a better life, away from the instability crippling Greece’s economy. Which is why so many Greeks left home and family behind for the American Dream in the early 20th Century: Greeks began to settle in America at the end of the 19th century and the influx of migrants continued up until the 1920s. Around 400,000 Greeks migrated to America at that time,...
When a Church Matches Missions with Entrepreneurship
Pastor Daniel Harrell had a heart for missions, so upon unexpectedly receiving roughly $2 million from a land sale, his Minnesota church was energized to use the funds accordingly. Though they had various debts to pay and building projects to fund, the church mitted to allocating at least 20 percent to service “outside of their walls.” “The sensible way to spend the 20 percent would have been to find a successful service agency and write the check,” Harrell writes, in...
The Public Witness Of Adoption
One the best arguments against the growing tentacles of the social assistance welfare state into the lives of people who are suffering is the practice of the Christian practice of adoption and orphan care. Progressives often charge classical liberals and conservatives as being heartless toward the poor because only progressives are willing to make sacrifices for the poor. Of course, the progressive method is usually to use force to solicit the help. Nevertheless, one of the ways in which Christians...
Rand Paul on the Global Slaughter of Christians
“From Boston to Zanzibar, there is a worldwide war on Christianity,” declared Sen. Rand Paul (R-Ky). He made ments in a speech discussing the slaughter of Christians at the 2013 Values Voter Summit on October 11. The Kentucky Senator added, Across the globe, Christians are under attack, almost as if we lived in the Middle Ages or if we lived under early Pagan Roman rule. . . It’s almost as if that is happening again throughout the Middle East. Last...
Video: Samuel Gregg Discusses Tea Party Catholic on EWTN
Acton Director of Research Samuel Gregg joined host Raymond Arroyo last Thursday evening on EWTN’s The World Over to discuss his latest book, Tea Party Catholic, and addressed some of mon objections Catholic proponents of limited government often encounter. [product sku=”1415″] ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved