Thread: [Continuation] Brexit: Now What? 9 Below Zero
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Old 26th September 2019, 11:53 AM   #383
psionl0
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Originally Posted by Nessie View Post
"In centuries past, the Sovereign used the power of prorogation to suit his own purposes, both summoning Parliament so it could authorise taxes, and proroguing it to limit its activities and power."
The words "common law" don't appear in that quote.

Originally Posted by Nessie View Post
"On 11thSeptember, the High Court of England and Wales delivered judgment dismissing Mrs Miller’s claim on the ground that the issue was not justiciable in a court of law. That same day, the Inner House of the Court of Session in Scotland announced its decision that the issue was justiciable, that it was motivated by the improper purpose of stymying Parliamentary scrutiny of the Government, and that it, and any prorogation which followed it, were unlawful and thus void and of no effect...."
The words "common law don't appear in that quote.

Originally Posted by Nessie View Post
"The Government argues that the Inner House could not do that because the prorogation was a “proceeding in Parliament” which, under the Bill of Rights of 1688 cannot be impugned or questioned in any court. But it is quite clear that the prorogation is not a proceeding in Parliament. It takes place in the House of Lords chamber in the presence of members of both Houses, but it is not their decision. It is something which has been imposed upon them from outside. It is not something on which members can speak or vote. It is not the core or essential business of Parliament which the Bill of Rights protects. Quite the reverse: it brings that core or essential business to an end."
The words "common law don't appear in that quote.

Originally Posted by Nessie View Post
It was the Monarch who had the power to prorogue and as power moved from the Monarch to Parliament, the power moved as well, such that now the Monarch's role is purely ceremonial.

Common law is "the part of English law that is derived from custom and judicial precedent rather than statutes."
The conclusion doesn't follow from the premise. The exercise of power by the monarch - whether at their own discretion or at the advice of their ministers is the antithesis of "common law".
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