The ruling by the UK Supreme Court is a devastating indictment of the abuse of power by a prime minister — and of the holder of that office, Boris Johnson. The 11 judges unanimously concluded that Mr Johnson’s five-week suspension of parliament was an unlawful attempt to silence MPs, at the very moment the UK, through Brexit, faces the biggest shake-up in its constitutional status for decades. Mr Johnson’s claim that the suspension was a routine break before a new legislative session stands exposed. The judges found the prime minister in effect misled MPs, the British people, and the Queen. No future premier will be able to act this way again. The judges’ ruling marks a historic moment in the evolution of the UK constitution.
The court’s decision was a much-needed reminder that, even in the most testing political circumstances, Britain remains a representative democracy underpinned by the rule of law. MPs are elected to exercise their good judgment and take decisions on behalf of constituents. They hold to account a government formed from among their number. The executive is accountable to parliament, and parliament to the people. Removing parliament, even for a matter of weeks, breaks the chain of accountability. The UK system cannot allow a cabal around the prime minister to determine by itself the “will of the people” and attempt to implement it, while sidelining those whom the people elected to represent them. This is the road to tyranny.
The judges issued a judgment of impeccable logic and clarity. To those, including the government and the High Court in London, that argued prorogation is a political matter and no business of the courts they delivered a resounding rejoinder. Courts have for centuries exercised supervisory jurisdiction over whether government actions are lawful. In 1611, a court held that the King — who was then the government — “hath no prerogative but that which the law of the land allows him”.