Tuesday, September 24, 2019

Britain's New Supreme courts mistake

The English Supreme Court has just made a terrible mistake. It has decided that the Prime Minister had illegally suspended their Parliament because he had not proven that he did not do it for a bad reason. This decision will come back to haunt them and shows they have not learned from other countries. One must understand that England did not even have a Supreme Court until recently and that it is trying to determine what its place should be.

Here are the facts. Britain does not have a constitution. They say they do; but, it is not written down, so they don't. The Prime Minister has the right to request the Monarch"prorogate" (suspend) Parliament. In fact, as recently as 2012 the Queen suspended Canada's Parliament for purely political reasons. In fact, this ruling means that the Queen has no independent authority to make any decisions. This is and of itself is a major shift in the law in England. The decision also says that the Prime Minister must prove he did not have a "Wrong intent" in exercising his decisions, this is simply unprovable and opens up ever decision to judicial review.

The worst part of this decision is that it says if you have multiple reasons to do something as Prime Minister, you must prove none of them were political. This is stupid and has been rejected by the United States Supreme Court because nothing is done for one reason. I could go on and on; but, the reality is, the UK Supreme Court has made the worst decision possible for them in the long term and the reality is that they have done so over Brexit.

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