Isaac Newton in 1675: “If I have seen further it is by standing on the shoulders of Giants.”.
Equally this applies to Law as it does to Mechanics.
So much is Case Law.
But with the Prorogation of Parliament by Johnson, there is too few Cases to build on other than the Bill of Rights 1688.
I note in his closing submissions, Keen said the judges should decline to become involved. “Whether it is dissolution or prorogation [of parliament], this is forbidden territory … It is a matter between the executive and parliament.
But this is a not possible as, as Parliament is not in session, the matter cannot be resolved ‘between the executive and parliament’
He continues “The applicants and petitioners are inviting the court into forbidden territory and an ill-defined minefield that the courts are not properly equipped to deal with.”
Nevertheless, the Bill of Rights 1688 provides for:
Dispensing and Suspending Power.
By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament
And can we expect Johnson now to tamper with:
Violating Elections.
By Violating the Freedome of Election of Members to serve in Parlyament
The real question remains, is the Executive above or subservient to the Parliament. Is the Executive ‘The Queen in Parliament’ and, even if so, the Bill of Rights states that ‘Exercising a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament’.
We can only wait a see what the conclusions of Supreme Court comes up with. What ever verdict is arrived at we may hope that we can be able to, as Newton says, Stand on the shoulders of Giants for the future.
BTW Bill Jameson in today’s Scotsman suggests that if the Supreme Court cannot come to an agreed verdict it could appeal to the European Court of Justice.
Mike Vickers' Blog 