Boris Johnson
rebuffed
British Prime
Minister (PM) Boris Johnson’s prorogation of parliament has been struck down by
the Supreme Court (SC) as unlawful, void, and of no effect since it frustrated
and prevented parliament from carrying out its constitutional functions without
any reasonable justification. The verdict of the highest court must count as an
epic moment in Britain’s constitutional history. Amidst the cheers of those
gathered outside the SC, opposition Labour leader Jeremy Corbyn led calls for
Johnson’s resignation. The unprecedented move by the PM had been aimed at
giving the opponents of his no-deal Brexit by October 31 if new terms cannot be
agreed with the EU by mid-October no time to block his intended strategy. This
transparent ploy outraged his critics inside parliament, including, it may be
added, members of his own Conservative Party, along with millions of Britons
who may or may not have been engaged with Brexit but felt offended by Johnson’s
‘coup’ against parliament. The move was challenged in the courts, and despite a
favourable verdict by a lower court in Scotland, its highest court, the Court
of Session (CoS) in Edinburgh, struck down the prorogation. Essentially the SC
has now upheld the verdict of the CoS, a verdict described as the final straw
in a pitiful episode. Johnson received the news in New York, where he was to
address the UN General Assembly and rush back home to attend the reconvened
session of parliament, where he, as expected, faced a torrid time but remained
defiant and declared that with utmost respect he differs with the view of the
SC. He dared his opponents in parliament to table a motion of confidence, signalling
thereby that he has no intention of resigning. Having already lost his majority
in parliament after expelling senior Conservative parliamentarians who opposed
his prorogation move, it remains to be seen whether Johnson will be turfed out
by parliament in a sweet revenge for his efforts to shut down the house for
politically partisan reasons.
The outcome of
the whole episode has dealt a huge blow to Boris Johnson’s authority and his
plan for a no-deal Brexit by October 31 if all else fails. The whole argument
for getting better terms was spurious, as the EU had repeatedly rejected any
new terms in the absence of any serious, workable alternatives to what was on
offer from the bloc. Jeremy Corbyn, in the inimitable understated style of
Britain, albeit laced with some tongue-in-cheek irony, said: “I invite Boris
Johnson to consider his position…” But Boris being Boris, it is unlikely he
will simply submit to the writing on the wall. An ouster through a confidence
vote may well prove a bruising experience for all, but the author of this further
embarrassment would be none other than Johnson himself.
Whichever way
the three-year-old Brexit saga now unfolds, it truly has been a most extraordinary
episode, particularly for the country that houses the mother of parliaments.
Britain has no written constitution, and the affairs of parliament are run
traditionally according to unwritten conventions and precedents that have been
established over time. The prorogation debacle may revive calls in Britain for
a written constitution, but judging by the manner in which the judiciary has
upheld what appears to be a fitting outcome, the proponents of continuing in
traditional ways will be able to marshal powerful arguments on their behalf.
Unfortunately, the Brexit referendum of 2016 found hate and racism, not to
mention some lingering imperial hangover, to have been instrumental in the
result. The kind of unprecedented divisions it has produced in the UK cannot
find a close parallel in modern British history. Although Johnson still clings
to the hope of persuading the Labour Party to agree to a fresh election,
because Labour’s chances of victory are not certain given that it is internally
divided over Brexit, Corbyn is unlikely to oblige Johnson with this least humiliating
exit. British politics, whatever the outcome, has seldom seemed as fascinating
as at present.
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