On August 28 MoA headlined: Boris Johnson Seizes Power:
The Johnson government, only inaugurated weeks ago, asked the Queen to announce its legislative program, a ceremonial event known as the Queen's Speech. Custom demands that Parliament is shut down for several weeks before the Queen's Speech is held. Parliament will thus have little chance to prevent a no-deal Brexit.
We thought that there was little chance that the courts would overturn Johnson's move:
Many members of Parliament will, like Dominic Grieve, be against this power grab.
Unfortunately there is little they can do:
A number of high profile figures, including former Prime Minister John Major, have threatened to go to the courts to stop it, and a legal challenge led by the SNP's justice spokeswoman, Joanna Cherry, is already working its way through the Scottish courts.
Britain has no written constitution. The courts rule along precedence and the government would thereby likely win the case …
To our great surprise the court ruled against the long standing practice, the government and the Queen:
Delivering its conclusions, the Supreme Court's president, Lady Hale, said: "The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification."
Lady Hale said the unanimous decision of the 11 justices meant Parliament had effectively not been prorogued – the decision was null and of no effect.
…
The court also criticised the length of the suspension, with Lady Hale saying it was "impossible for us to conclude, on the evidence which has been put before us, that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks".
The House of Commons will reconvene tomorrow and give me additional opportunities to admire Speaker John Bercow's colorful language and ties (vid).
The last time parliament met it made a law that prohibits the government to leave the EU without a specific agreement that regulates the various details. The law also directed the government to ask the EU to move the Brexit date from October 31 further into the future.
Johnson wants a Brexit without a deal. He can easily sabotage the new law's intent by adding conditions or asking the EU for a time frame it would not be willing to concede.
The court's judgment gives parliament a few more days to put additional obstacles into Johnson's way out of the EU. But as both main parties are internally divided about the issue it is likely that only little will be done.
Parliament should also not count on an endless willingness by the EU to move the Brexit date further and further. The EU no longer cares about Britain. It wants the whole Brexit issue to come to an end, either way, as soon as possible.
The people of Britain may well have a similar feeling.