The Mudcat Café TM
Thread #166609 Message #4009694
Posted By: DMcG
20-Sep-19 - 06:04 AM
Thread Name: BS: Brexit 'Take Back Control' D Cummings
Subject: RE: BS: Brexit 'Take Back Control' D Cummings
That is supported by a point raised in the closing remarks for the government yesterday. They said that if the court were to rule the prorogation were illegal, that should be its limit: it should not rule on what should happen next.
An interesting consequence of the Scottish Court decision what that the prorogation should be 'null and void'. That means it should be as if prorogation had never happened. As a result, the ability to prorogue would be as it was before the prorogation happened, and so there would be no obstacle to proroguing again immediately.
Given that the case has - in my interpretation - hinged on whether if illegality arose it did so from the duration or the claimed motivation of preventing scrutiny, I would be surprised if the Supreme Court decided it was illegal because of an attempt to prevent scrutiny but left open the route to do precisely that again.