Monthly Archives: September 2019

Impeachment In The United Kingdom

Posted on September 28, 2019 by jasonloch

Impeachment has been in the news lately on both sides of the Atlantic. While Democrats in the United States House of Representatives have formally launched impeachment proceedings against President Trump, Plaid Cymru’s leader in the Commons has suggested that Boris … Continue reading →

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Will The Supreme Court Be Abolished?

Posted on September 27, 2019 by jasonloch

Backbench Conservative MP Sir Desmond Swayne has argued that the next Tory manifesto should include a pledge to abolish the Supreme Court and return to the pre-2009 status quo. Before the establishment of the Supreme Court, the House of Lords … Continue reading →

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Could Boris Johnson Try To Suspend The Benn Act?

Posted on September 26, 2019 by jasonloch

Sir John Major today claimed that Boris Johnson might try to suspend the European Union (Withdrawal) (No. 2) Act 2019 (‘the Benn Act’) by Order of Council to avoid having to ask for an extension. But what is an Order … Continue reading →

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Answering Readers’ Questions About The Prorogation Decision

Posted on September 24, 2019 by jasonloch

Does this mean Boris Johnson will have to step down? No. While today’s decision is hugely embarrassing for Johnson, it doesn’t necessarily mean he has to resign. Constitutionally speaking, a Prime Minister isn’t obliged to step down unless they lose … Continue reading →

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Other Supreme Court-Related Posts

Posted on September 24, 2019 by jasonloch

Since there’s a lot of interest in the Supreme Court today, I thought I’d post some links to some of the other Supreme Court-related posts I’ve written over the years: How are British Supreme Court justices appointed? Why don’t British … Continue reading →

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Supreme Court Rules Prorogation Unlawful

Posted on September 24, 2019 by jasonloch

In a constitutional bombshell, Britain’s Supreme Court has unanimously ruled that Boris Johnson’s decision to prorogue Parliament for five weeks was unlawful, and the prorogation itself is “null and of no effect.” The justices found that the Prime Minister’s advice … Continue reading →

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The Future Of Prorogation

Posted on September 23, 2019 by jasonloch

With all the controversy surrounding Boris Johnson’s extended prorogation, I’ve been asked if I think the practice of proroguing Parliament is likely to be abolished in the not-too-distant future. However, outright abolition seems unlikely. Until now, prorogation has been a … Continue reading →

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A Strange Critique Of The Benn Act

Posted on September 20, 2019 by jasonloch

The UK Constitutional Law Association Blog has published a strange take on the European Union (Withdrawal) (No. 2) Act 2019 (aka, the Benn Act) by Michael Detmold wherein he claims that the letter contained in the Schedule to the Act … Continue reading →

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Politico Gets Confused About Royal Assent

Posted on September 18, 2019 by jasonloch

In an otherwise decent article about how Brexit has impacted the Crown, Politico Europe reporter Emilio Casalicchio made a strange claim. Referring to Royal Assent, he claimed that “[t]he process once required the monarch’s signature, but it is now a … Continue reading →

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Prorogation Gets Even Messier

Posted on September 11, 2019 by jasonloch

Courts in England and Scotland have come to radically different conclusions on the legality of Boris Johnson’s decision to prorogue Parliament for five weeks. The Inner House of Scotland’s Court of Session overturned an earlier decision of the Outer House … Continue reading →

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