In the middle of the epic prorogation battle at the Supreme Court, we ask what's at stake: for the government, for Brexit, for the constitution and for democracy. Is this a case of legal precedent, common law practice or higher constitutional principle? Is the UK constitution becoming more European in the act of leaving the EU? And what are the things lawyers on neither side can say? Plus we ask how Jo Swinson's case for revoking article 50 is going and we discuss whether we could really have a 2nd referendum without another general election. A packed episode! With Catherine Barnard, Helen Thompson and Chris Bickerton.
The prorogation case has reached the Supreme Court.
If there is no judicial control, the right to prorogue could be abused—this could trouble the courts.
How does the court see its role?
Who are the justices on the Supreme Court?
Common law has been seen as a central part of the UK’s constitutional history, and common law ultimately is meant to rest on an appeal to experience.
Across the board, politicians are no longer abiding by conventions.
Further Learning:
And as ever, recommended reading curated by our friends at the LRB can be found here: lrb.co.uk/talking
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