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The Supreme Court has done lasting damage to our constitution

No principle justifies last week’s radical legal intervention in high politics

By Richard Ekins, Stephen Laws  

Justices of the Supreme Court including Lord Reed (1st right), who becomes the next president of the Supreme Court in January and President of the Supreme Court Baroness Hale of Richmond (1st left) leave the court building ahead of the annual service marking the beginning of the new legal year at Westminster Abbey on 01 October, 2019 in London, England. Today marks 10 years since the establishment of the UK Supreme Court. (Photo by WIktor Szymanowicz/NurPhoto)

The Supreme Court’s prorogation judgment proves that it is not just hard cases that make bad law. If the Court had faithfully upheld the law of the constitution, it would have ruled that UK courts had no jurisdiction to quash advice to prorogue parliament, let alone to declare that a prorogation carried out in parliament was null and of no effect.

Unfortunately, the Court did not uphold the law of our constitution. The Supreme Court worked a radical…

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