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View Poll Results: Will the UK disintegrate?
Yes 158 33.47%
No 314 66.53%
Voters: 472. You may not vote on this poll

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Old 09-24-2019, 04:09 AM
 
703 posts, read 448,151 times
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Quote:
Originally Posted by MnM258 View Post
Thank goodness we still have the rule of law in this country so that governments cannot just ride roughshod over democratic institutions.

Delighted with the Supreme Court ruling.
Johnson should resign. Like Trump, he's bad news for this country as is his bunch of sidekicks that sit round his cabinet table.
Get the lot out.
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Old 09-24-2019, 04:12 AM
 
1,456 posts, read 520,408 times
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Quote:
Originally Posted by Gungnir View Post
That's what's interesting.

Boris didn't Prorogue parliament, the queen did.

What Boris did may be determined to be illegal, but the decision is actually the queens. So it's still discretionary of the queen.

This is a direct conflict of executive privilege, and supreme court. Parliament serves at the monarchs discretion. It's quite an extraordinary constitutional crisis. Since it seems the Supreme Court are making a power play to become the ultimate authority in British Law, which is not how it was prior to 10:30am this morning.
The finding was that the advice to the Queen was unlawful and as such void, i.e. the parliament was not prorogued so it's business as usual, whatever the definition of usual is nowadays.
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Old 09-24-2019, 04:18 AM
 
Location: Itinerant
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Quote:
Originally Posted by Brave New World View Post
The next step is in the hands of the Speakers,who will no doubt recall parliament.
Speaker can do whatever he likes, but parliament was prorogued by the queen. It's at her discretion that parliament reopen.

The UK Supreme Court cannot order her to reopen parliament, it serves by royal assent. The speaker can go ask, but she has no obligation to comply.
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Old 09-24-2019, 04:19 AM
 
Location: Close to Mexico
863 posts, read 799,703 times
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If you had a democracy you would have abide by the original vote and left the EU in March. You did not, so the effect is now that the minority has stolen the vote of the majority. NO Parliament is EVER going to agree to any deal because they believe they know best.

On a side note, I can only imagine what sort of new rules/laws/regulations that the EU will come up with to stop this from ever happening again.

As the great Eagles song says.."you can check out anytime you like, but you can never leave".
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Old 09-24-2019, 04:24 AM
 
1,456 posts, read 520,408 times
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Quote:
Originally Posted by Gungnir View Post
Speaker can do whatever he likes, but parliament was prorogued by the queen. It's at her discretion that parliament reopen.

The UK Supreme Court cannot order her to reopen parliament, it serves by royal assent. The speaker can go ask, but she has no obligation to comply.
Except the parliament HAS NOT BEEN prorogued, as the per the Supreme Court's judgement.

Quote:
The next and final question, therefore, is what the legal effect of that finding is and therefore what
remedies the Court should grant. The Court can certainly declare that the advice was unlawful.
The Inner House went further and declared that any prorogation resulting from it was null and of
no effect. The Government argues that the Inner House could not do that because the prorogation
was a “proceeding in Parliament” which, under the Bill of Rights of 1688 cannot be impugned or
questioned in any court. But it is quite clear that the prorogation is not a proceeding in Parliament.
It takes place in the House of Lords chamber in the presence of members of both Houses, but it
is not their decision. It is something which has been imposed upon them from outside. It is not
something on which members can speak or vote. It is not the core or essential business of
Parliament which the Bill of Rights protects. Quite the reverse: it brings that core or essential
business to an end.

This Court has already concluded that the Prime Minister’s advice to Her Majesty was unlawful,
void and of no effect. This means that the Order in Council to which it led was also unlawful, void
and of no effect and should be quashed. This means that when the Royal Commissioners walked
into the House of Lords it was as if they walked in with a blank sheet of paper. The prorogation
was also void and of no effect. Parliament has not been prorogued. This is the unanimous
judgment of all 11 Justices.
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Old 09-24-2019, 04:25 AM
 
Location: Itinerant
8,278 posts, read 6,299,621 times
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Quote:
Originally Posted by Itzpapalotl View Post
The finding was that the advice to the Queen was unlawful and as such void, i.e. the parliament was not prorogued so it's business as usual, whatever the definition of usual is nowadays.
It's at the queens discretion.

She prorogues parliament, on the advice of the Prime Minister, but she decides to do it, or not.

Advice cannot be illegal, it can be accurate, or false, but advice is advice.

Until she decides to reopen parliament it can't be business as usual, unless she is not the head of the government if the UK. Which I believe she is.
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Old 09-24-2019, 04:27 AM
 
1,456 posts, read 520,408 times
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Quote:
Originally Posted by Gungnir View Post
It's at the queens discretion.

She prorogues parliament, on the advice of the Prime Minister, but she decides to do it, or not.

Advice cannot be illegal, it can be accurate, or false, but advice is advice.

Until she decides to reopen parliament it can't be business as usual, unless she is not the head of the government if the UK. Which I believe she is.
See above.
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Old 09-24-2019, 04:30 AM
 
Location: Malaga Spain & Lady Lake, Florida
1,129 posts, read 472,935 times
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Quote:
Originally Posted by Gungnir View Post
It's at the queens discretion.

She prorogues parliament, on the advice of the Prime Minister, but she decides to do it, or not.

Advice cannot be illegal, it can be accurate, or false, but advice is advice.

Until she decides to reopen parliament it can't be business as usual, unless she is not the head of the government if the UK. Which I believe she is.
The queen was never expected to question the advice of her Prime minister and at the time it was said she had no choice but to go along with prorogation.

The above said even the Queen is not above the law, at least according to the news coming out this morning and the law says Prorogation is
Quote:
unlawful, void and of no effect
I'm fairly certain the Queen will not be contesting this judgement.
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Old 09-24-2019, 04:32 AM
 
Location: Itinerant
8,278 posts, read 6,299,621 times
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Quote:
Originally Posted by Itzpapalotl View Post
Except the parliament HAS NOT BEEN prorogued, as the per the Supreme Court's judgement.
The Supreme court does not have jurisdiction over the monarchs discretion over parliament.

That's why I said it's a supreme court power play.

The queen can dissolve or prorogue parliament, it's one of their specific powers. They appoint the Prime Minister, again a specific power, and assent to legislation (or reject it).

Here's the Supreme Court determining that the queen does not have specific powers that she holds. Only if she doesnt have the power to prorogue could it not be prorogued, or if there was no choice, and she MUST follow advice, however we know she need not, because at the time of the request there were big discussions about whether or not, she would agree with that advice, thus it's clearly a discretionary power.
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Old 09-24-2019, 04:34 AM
 
Location: Great Britain
27,529 posts, read 13,741,741 times
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Quote:
Originally Posted by Gungnir View Post
Speaker can do whatever he likes, but parliament was prorogued by the queen. It's at her discretion that parliament reopen.

The UK Supreme Court cannot order her to reopen parliament, it serves by royal assent. The speaker can go ask, but she has no obligation to comply.
I would be surprised if the Queen stood in the way of a decision made by the UK Surpreme Court.

However recalling Parliament may not do the opposition any good given their policies regarding Brexit, and forcing another pointless extension whilst denying the people an election may actually play out well for the leave campaign.
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