U.K. High Court Voids Parliament Dismissal

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September 24, 2019

Parliament will be back in session, after the United Kingdom's highest court voided a decision to dismiss Parliament.

The U.K. Supreme Court handed down a decision agreed on by all 11 of its justices that declared constitutional illegal the advice that Prime Minister Boris Johnson gave to Queen Elizabeth II regarding the dismissal of Parliament. Scotland's high court had made the same declaration a few weeks before.

Boris Johnson and Queen Elizabeth II

The technical term is prorogue, and it means that the both houses of Parliament are declared out of session. It is not an uncommon occurrence because such a thing happens before a general election. However, an election was not in the planning when Johnson sought to dismiss the Parliament. As a matter of protocol, the Prime Minister advises the monarch that such an action is desired. Technically, it is the monarch's decision; as with so much of modern constitutional law in the U.K., however, the monarch usually follows the lead of elected leaders.

Johnson, recently named Prime Minister, has made no secret of supporting Brexit, the departure of the U.K. from the European Union; he has also dismissed any concerns with such a departure occurring without any sort of agreements with EU nations or any other countries in place at the time of the departure. His predecessor, Theresa May, tried repeatedly to convince Parliament to agree on some set of terms to govern what would happen when the political and economic divorce occurred. About the only thing that Parliament could agree on was that they wanted some sort of deal in place on October 31, when the exit occurs. Johnson himself had fared no better in getting Parliament to agree on such terms, which is why he sought to dismiss Parliament.

Just before the prorogue began, Parliament approved a bill that would block a no-deal Brexit and would compel the Prime Minister to seek another extension of the Brexit deadline. The EU has already granted one extension, and its leaders have repeatedly vowed not to grant another one.

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