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Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament?


What legal means does a USA President have to overturn a Supreme Court ruling?Can the Supreme Court overturn an impeachment?Can the Queen still cancel Brexit?What is the latest date a general election in the UK can prevent a no-deal BrexitIs there a precedent indicating what happens when a UK Prime Minister advises a monarch not to give Royal Assent to legislation passed by Parliament?Can proroguing Parliament have any practical effect on Brexit?Can parliament stop the PM setting a GE date after 31 October?To what degree did the Supreme Court limit Boris Johnson's ability to prorogue?Was the ruling that prorogation was unlawful only possible because of the creation of a separate supreme court?What happens to the Queens Speech now?






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4















A couple of days ago, the UK Supreme Court ruled that Boris Johnson's advice to the Queen, which led to the prorogation of Parliament for 5 weeks ahead of the October 31st Brexit date, was unlawful. Therefore, the prorogation has been cancelled and Parliament has been recalled.



However, my understanding (which may be incorrect) is that the act of proroguing Parliament is a royal prerogative power of the monarch. Although, they are supposed to take guidance on the matter from their Government.



So, does that mean, at least in theory, that the Queen could overrule the Supreme Court's decision to cancel the prorogation, by citing her royal prerogative. Essentially: "Yes, the advice given to me may have been unlawful, but I still want Parliament prorogued anyway."










share|improve this question





















  • 4





    I suspect an answer will come down to "not if she wants to keep her crown". An interesting factoid: another law that she gave Assent to was declared without (by Bercow) because it was on the same document(s) that the Queen used to pass the prorogation bbc.com/news/av/uk-politics-49827305/…:

    – Fizz
    8 hours ago












  • @Fizz yes, I understand that to actually do so might well be dangerous for her politically. But still, I'm wondering if in theory she could

    – Time4Tea
    8 hours ago






  • 2





    @Fizz: That is the answer to every question on this Stack beginning with "Could/can the Queen...?"

    – Kevin
    6 hours ago


















4















A couple of days ago, the UK Supreme Court ruled that Boris Johnson's advice to the Queen, which led to the prorogation of Parliament for 5 weeks ahead of the October 31st Brexit date, was unlawful. Therefore, the prorogation has been cancelled and Parliament has been recalled.



However, my understanding (which may be incorrect) is that the act of proroguing Parliament is a royal prerogative power of the monarch. Although, they are supposed to take guidance on the matter from their Government.



So, does that mean, at least in theory, that the Queen could overrule the Supreme Court's decision to cancel the prorogation, by citing her royal prerogative. Essentially: "Yes, the advice given to me may have been unlawful, but I still want Parliament prorogued anyway."










share|improve this question





















  • 4





    I suspect an answer will come down to "not if she wants to keep her crown". An interesting factoid: another law that she gave Assent to was declared without (by Bercow) because it was on the same document(s) that the Queen used to pass the prorogation bbc.com/news/av/uk-politics-49827305/…:

    – Fizz
    8 hours ago












  • @Fizz yes, I understand that to actually do so might well be dangerous for her politically. But still, I'm wondering if in theory she could

    – Time4Tea
    8 hours ago






  • 2





    @Fizz: That is the answer to every question on this Stack beginning with "Could/can the Queen...?"

    – Kevin
    6 hours ago














4












4








4








A couple of days ago, the UK Supreme Court ruled that Boris Johnson's advice to the Queen, which led to the prorogation of Parliament for 5 weeks ahead of the October 31st Brexit date, was unlawful. Therefore, the prorogation has been cancelled and Parliament has been recalled.



However, my understanding (which may be incorrect) is that the act of proroguing Parliament is a royal prerogative power of the monarch. Although, they are supposed to take guidance on the matter from their Government.



So, does that mean, at least in theory, that the Queen could overrule the Supreme Court's decision to cancel the prorogation, by citing her royal prerogative. Essentially: "Yes, the advice given to me may have been unlawful, but I still want Parliament prorogued anyway."










share|improve this question
















A couple of days ago, the UK Supreme Court ruled that Boris Johnson's advice to the Queen, which led to the prorogation of Parliament for 5 weeks ahead of the October 31st Brexit date, was unlawful. Therefore, the prorogation has been cancelled and Parliament has been recalled.



However, my understanding (which may be incorrect) is that the act of proroguing Parliament is a royal prerogative power of the monarch. Although, they are supposed to take guidance on the matter from their Government.



So, does that mean, at least in theory, that the Queen could overrule the Supreme Court's decision to cancel the prorogation, by citing her royal prerogative. Essentially: "Yes, the advice given to me may have been unlawful, but I still want Parliament prorogued anyway."







united-kingdom parliament supreme-court monarchy prorogation






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 8 hours ago









Machavity

19.6k7 gold badges63 silver badges96 bronze badges




19.6k7 gold badges63 silver badges96 bronze badges










asked 8 hours ago









Time4TeaTime4Tea

2,5272 gold badges17 silver badges36 bronze badges




2,5272 gold badges17 silver badges36 bronze badges










  • 4





    I suspect an answer will come down to "not if she wants to keep her crown". An interesting factoid: another law that she gave Assent to was declared without (by Bercow) because it was on the same document(s) that the Queen used to pass the prorogation bbc.com/news/av/uk-politics-49827305/…:

    – Fizz
    8 hours ago












  • @Fizz yes, I understand that to actually do so might well be dangerous for her politically. But still, I'm wondering if in theory she could

    – Time4Tea
    8 hours ago






  • 2





    @Fizz: That is the answer to every question on this Stack beginning with "Could/can the Queen...?"

    – Kevin
    6 hours ago













  • 4





    I suspect an answer will come down to "not if she wants to keep her crown". An interesting factoid: another law that she gave Assent to was declared without (by Bercow) because it was on the same document(s) that the Queen used to pass the prorogation bbc.com/news/av/uk-politics-49827305/…:

    – Fizz
    8 hours ago












  • @Fizz yes, I understand that to actually do so might well be dangerous for her politically. But still, I'm wondering if in theory she could

    – Time4Tea
    8 hours ago






  • 2





    @Fizz: That is the answer to every question on this Stack beginning with "Could/can the Queen...?"

    – Kevin
    6 hours ago








4




4





I suspect an answer will come down to "not if she wants to keep her crown". An interesting factoid: another law that she gave Assent to was declared without (by Bercow) because it was on the same document(s) that the Queen used to pass the prorogation bbc.com/news/av/uk-politics-49827305/…:

– Fizz
8 hours ago






I suspect an answer will come down to "not if she wants to keep her crown". An interesting factoid: another law that she gave Assent to was declared without (by Bercow) because it was on the same document(s) that the Queen used to pass the prorogation bbc.com/news/av/uk-politics-49827305/…:

– Fizz
8 hours ago














@Fizz yes, I understand that to actually do so might well be dangerous for her politically. But still, I'm wondering if in theory she could

– Time4Tea
8 hours ago





@Fizz yes, I understand that to actually do so might well be dangerous for her politically. But still, I'm wondering if in theory she could

– Time4Tea
8 hours ago




2




2





@Fizz: That is the answer to every question on this Stack beginning with "Could/can the Queen...?"

– Kevin
6 hours ago






@Fizz: That is the answer to every question on this Stack beginning with "Could/can the Queen...?"

– Kevin
6 hours ago











3 Answers
3






active

oldest

votes


















7
















No.



I suggest the best source for this is probably the ruling of the Supreme Court itself. I'd encourage you to read it in full - it's not long and surprisingly readable.



The legal argument the Court made starts by establishing that courts have the right to limit the use of the Royal Prerogative (for example, see paragraph 32). It further establishes that such limits also apply to prorogation (see, for example, paragraphs 41-44). It then moves on to discuss where exactly the limit on the power of prorogation is, finding in Paragraph 50 that:




a decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.




The Queen is as bound by this as the Prime Minister.



(In case of any doubt, note that I am not a lawyer. I probably don't need to say that, but I feel better saying it just in case.)






share|improve this answer
































    4
















    When you start to consider the way the UK consitution works you need to distingish clearly "The Queen" (a 93 year old woman who like horses and Corgi dogs) from "The Queen" (Dei Gratis Monarch of the UK, embodiment of the power of the State). As the spelling is the same, it is easy to become confused, but The Queen is not the same as The Queen.



    The Queen (The woman who likes horses) doesn't wield any actual political power. She does get to have meetings with the Prime Minister, and will offer her advice and wisdom. She certainly has influence, but she can't just decide to prorogue Parliment and so on.



    The Queen (The living embodiment of the State) can prorogue parliament, but this power is exercised purely on the recommendation of the legal advice of her ministers. There is a fiction in the UK constitution that the Queen makes certain instructions, such as proroguing Parliament. This is a legal fiction, as The Queen (Monarch dei gratis) can only ever act on advice.



    So the Queen can't in theory say "Actually I want to prorogue Parliament". It is not within her personal remit do so. It would be "interesting" if the Queen did decide to take political decisions without ministerial advice. But as with any unconstituional action, the constitutional effect would be unpredicatable. She could well be told to abidcate, or have such reserve powers removed from her.






    share|improve this answer






















    • 1





      So one is the monarch of England and the other is a rock band? Glad we cleared that up ;)

      – Machavity
      8 hours ago


















    3
















    In the UK constitutional system, the Queen is not above the judiciary—she is the judiciary. As Wikipedia notes:




    The sovereign is deemed the "fount of justice"; although the sovereign does not personally rule in judicial cases, judicial functions are performed in his or her name. For instance, prosecutions are brought on the monarch's behalf, and courts derive their authority from the Crown.




    Thus, according to the constitutional principle she exercised judgement, it was ultimately her decision (a decision in her name). It doesn’t make sense for her to redecide without any new evidence being presented.






    share|improve this answer

























    • Ok. So, in a sense, the Supreme Court's decision was on her behalf. I.e. it was equivalent to her looking at the 'rule book' more closely and coming to the conclusion that proroguing Parliament based on the Prime Minister's advice was the wrong thing to do, hence she changed her mind?

      – Time4Tea
      5 hours ago






    • 2





      Damn, British political fiction is really funny sometimes.

      – Neith
      5 hours ago












    Your Answer








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    3 Answers
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    3 Answers
    3






    active

    oldest

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    active

    oldest

    votes






    active

    oldest

    votes









    7
















    No.



    I suggest the best source for this is probably the ruling of the Supreme Court itself. I'd encourage you to read it in full - it's not long and surprisingly readable.



    The legal argument the Court made starts by establishing that courts have the right to limit the use of the Royal Prerogative (for example, see paragraph 32). It further establishes that such limits also apply to prorogation (see, for example, paragraphs 41-44). It then moves on to discuss where exactly the limit on the power of prorogation is, finding in Paragraph 50 that:




    a decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.




    The Queen is as bound by this as the Prime Minister.



    (In case of any doubt, note that I am not a lawyer. I probably don't need to say that, but I feel better saying it just in case.)






    share|improve this answer





























      7
















      No.



      I suggest the best source for this is probably the ruling of the Supreme Court itself. I'd encourage you to read it in full - it's not long and surprisingly readable.



      The legal argument the Court made starts by establishing that courts have the right to limit the use of the Royal Prerogative (for example, see paragraph 32). It further establishes that such limits also apply to prorogation (see, for example, paragraphs 41-44). It then moves on to discuss where exactly the limit on the power of prorogation is, finding in Paragraph 50 that:




      a decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.




      The Queen is as bound by this as the Prime Minister.



      (In case of any doubt, note that I am not a lawyer. I probably don't need to say that, but I feel better saying it just in case.)






      share|improve this answer



























        7














        7










        7









        No.



        I suggest the best source for this is probably the ruling of the Supreme Court itself. I'd encourage you to read it in full - it's not long and surprisingly readable.



        The legal argument the Court made starts by establishing that courts have the right to limit the use of the Royal Prerogative (for example, see paragraph 32). It further establishes that such limits also apply to prorogation (see, for example, paragraphs 41-44). It then moves on to discuss where exactly the limit on the power of prorogation is, finding in Paragraph 50 that:




        a decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.




        The Queen is as bound by this as the Prime Minister.



        (In case of any doubt, note that I am not a lawyer. I probably don't need to say that, but I feel better saying it just in case.)






        share|improve this answer













        No.



        I suggest the best source for this is probably the ruling of the Supreme Court itself. I'd encourage you to read it in full - it's not long and surprisingly readable.



        The legal argument the Court made starts by establishing that courts have the right to limit the use of the Royal Prerogative (for example, see paragraph 32). It further establishes that such limits also apply to prorogation (see, for example, paragraphs 41-44). It then moves on to discuss where exactly the limit on the power of prorogation is, finding in Paragraph 50 that:




        a decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.




        The Queen is as bound by this as the Prime Minister.



        (In case of any doubt, note that I am not a lawyer. I probably don't need to say that, but I feel better saying it just in case.)







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 7 hours ago









        HedgehogHedgehog

        7586 silver badges6 bronze badges




        7586 silver badges6 bronze badges


























            4
















            When you start to consider the way the UK consitution works you need to distingish clearly "The Queen" (a 93 year old woman who like horses and Corgi dogs) from "The Queen" (Dei Gratis Monarch of the UK, embodiment of the power of the State). As the spelling is the same, it is easy to become confused, but The Queen is not the same as The Queen.



            The Queen (The woman who likes horses) doesn't wield any actual political power. She does get to have meetings with the Prime Minister, and will offer her advice and wisdom. She certainly has influence, but she can't just decide to prorogue Parliment and so on.



            The Queen (The living embodiment of the State) can prorogue parliament, but this power is exercised purely on the recommendation of the legal advice of her ministers. There is a fiction in the UK constitution that the Queen makes certain instructions, such as proroguing Parliament. This is a legal fiction, as The Queen (Monarch dei gratis) can only ever act on advice.



            So the Queen can't in theory say "Actually I want to prorogue Parliament". It is not within her personal remit do so. It would be "interesting" if the Queen did decide to take political decisions without ministerial advice. But as with any unconstituional action, the constitutional effect would be unpredicatable. She could well be told to abidcate, or have such reserve powers removed from her.






            share|improve this answer






















            • 1





              So one is the monarch of England and the other is a rock band? Glad we cleared that up ;)

              – Machavity
              8 hours ago















            4
















            When you start to consider the way the UK consitution works you need to distingish clearly "The Queen" (a 93 year old woman who like horses and Corgi dogs) from "The Queen" (Dei Gratis Monarch of the UK, embodiment of the power of the State). As the spelling is the same, it is easy to become confused, but The Queen is not the same as The Queen.



            The Queen (The woman who likes horses) doesn't wield any actual political power. She does get to have meetings with the Prime Minister, and will offer her advice and wisdom. She certainly has influence, but she can't just decide to prorogue Parliment and so on.



            The Queen (The living embodiment of the State) can prorogue parliament, but this power is exercised purely on the recommendation of the legal advice of her ministers. There is a fiction in the UK constitution that the Queen makes certain instructions, such as proroguing Parliament. This is a legal fiction, as The Queen (Monarch dei gratis) can only ever act on advice.



            So the Queen can't in theory say "Actually I want to prorogue Parliament". It is not within her personal remit do so. It would be "interesting" if the Queen did decide to take political decisions without ministerial advice. But as with any unconstituional action, the constitutional effect would be unpredicatable. She could well be told to abidcate, or have such reserve powers removed from her.






            share|improve this answer






















            • 1





              So one is the monarch of England and the other is a rock band? Glad we cleared that up ;)

              – Machavity
              8 hours ago













            4














            4










            4









            When you start to consider the way the UK consitution works you need to distingish clearly "The Queen" (a 93 year old woman who like horses and Corgi dogs) from "The Queen" (Dei Gratis Monarch of the UK, embodiment of the power of the State). As the spelling is the same, it is easy to become confused, but The Queen is not the same as The Queen.



            The Queen (The woman who likes horses) doesn't wield any actual political power. She does get to have meetings with the Prime Minister, and will offer her advice and wisdom. She certainly has influence, but she can't just decide to prorogue Parliment and so on.



            The Queen (The living embodiment of the State) can prorogue parliament, but this power is exercised purely on the recommendation of the legal advice of her ministers. There is a fiction in the UK constitution that the Queen makes certain instructions, such as proroguing Parliament. This is a legal fiction, as The Queen (Monarch dei gratis) can only ever act on advice.



            So the Queen can't in theory say "Actually I want to prorogue Parliament". It is not within her personal remit do so. It would be "interesting" if the Queen did decide to take political decisions without ministerial advice. But as with any unconstituional action, the constitutional effect would be unpredicatable. She could well be told to abidcate, or have such reserve powers removed from her.






            share|improve this answer















            When you start to consider the way the UK consitution works you need to distingish clearly "The Queen" (a 93 year old woman who like horses and Corgi dogs) from "The Queen" (Dei Gratis Monarch of the UK, embodiment of the power of the State). As the spelling is the same, it is easy to become confused, but The Queen is not the same as The Queen.



            The Queen (The woman who likes horses) doesn't wield any actual political power. She does get to have meetings with the Prime Minister, and will offer her advice and wisdom. She certainly has influence, but she can't just decide to prorogue Parliment and so on.



            The Queen (The living embodiment of the State) can prorogue parliament, but this power is exercised purely on the recommendation of the legal advice of her ministers. There is a fiction in the UK constitution that the Queen makes certain instructions, such as proroguing Parliament. This is a legal fiction, as The Queen (Monarch dei gratis) can only ever act on advice.



            So the Queen can't in theory say "Actually I want to prorogue Parliament". It is not within her personal remit do so. It would be "interesting" if the Queen did decide to take political decisions without ministerial advice. But as with any unconstituional action, the constitutional effect would be unpredicatable. She could well be told to abidcate, or have such reserve powers removed from her.







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited 7 hours ago

























            answered 8 hours ago









            James KJames K

            44.3k8 gold badges123 silver badges186 bronze badges




            44.3k8 gold badges123 silver badges186 bronze badges










            • 1





              So one is the monarch of England and the other is a rock band? Glad we cleared that up ;)

              – Machavity
              8 hours ago












            • 1





              So one is the monarch of England and the other is a rock band? Glad we cleared that up ;)

              – Machavity
              8 hours ago







            1




            1





            So one is the monarch of England and the other is a rock band? Glad we cleared that up ;)

            – Machavity
            8 hours ago





            So one is the monarch of England and the other is a rock band? Glad we cleared that up ;)

            – Machavity
            8 hours ago











            3
















            In the UK constitutional system, the Queen is not above the judiciary—she is the judiciary. As Wikipedia notes:




            The sovereign is deemed the "fount of justice"; although the sovereign does not personally rule in judicial cases, judicial functions are performed in his or her name. For instance, prosecutions are brought on the monarch's behalf, and courts derive their authority from the Crown.




            Thus, according to the constitutional principle she exercised judgement, it was ultimately her decision (a decision in her name). It doesn’t make sense for her to redecide without any new evidence being presented.






            share|improve this answer

























            • Ok. So, in a sense, the Supreme Court's decision was on her behalf. I.e. it was equivalent to her looking at the 'rule book' more closely and coming to the conclusion that proroguing Parliament based on the Prime Minister's advice was the wrong thing to do, hence she changed her mind?

              – Time4Tea
              5 hours ago






            • 2





              Damn, British political fiction is really funny sometimes.

              – Neith
              5 hours ago















            3
















            In the UK constitutional system, the Queen is not above the judiciary—she is the judiciary. As Wikipedia notes:




            The sovereign is deemed the "fount of justice"; although the sovereign does not personally rule in judicial cases, judicial functions are performed in his or her name. For instance, prosecutions are brought on the monarch's behalf, and courts derive their authority from the Crown.




            Thus, according to the constitutional principle she exercised judgement, it was ultimately her decision (a decision in her name). It doesn’t make sense for her to redecide without any new evidence being presented.






            share|improve this answer

























            • Ok. So, in a sense, the Supreme Court's decision was on her behalf. I.e. it was equivalent to her looking at the 'rule book' more closely and coming to the conclusion that proroguing Parliament based on the Prime Minister's advice was the wrong thing to do, hence she changed her mind?

              – Time4Tea
              5 hours ago






            • 2





              Damn, British political fiction is really funny sometimes.

              – Neith
              5 hours ago













            3














            3










            3









            In the UK constitutional system, the Queen is not above the judiciary—she is the judiciary. As Wikipedia notes:




            The sovereign is deemed the "fount of justice"; although the sovereign does not personally rule in judicial cases, judicial functions are performed in his or her name. For instance, prosecutions are brought on the monarch's behalf, and courts derive their authority from the Crown.




            Thus, according to the constitutional principle she exercised judgement, it was ultimately her decision (a decision in her name). It doesn’t make sense for her to redecide without any new evidence being presented.






            share|improve this answer













            In the UK constitutional system, the Queen is not above the judiciary—she is the judiciary. As Wikipedia notes:




            The sovereign is deemed the "fount of justice"; although the sovereign does not personally rule in judicial cases, judicial functions are performed in his or her name. For instance, prosecutions are brought on the monarch's behalf, and courts derive their authority from the Crown.




            Thus, according to the constitutional principle she exercised judgement, it was ultimately her decision (a decision in her name). It doesn’t make sense for her to redecide without any new evidence being presented.







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            answered 6 hours ago









            JanJan

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            9643 silver badges10 bronze badges















            • Ok. So, in a sense, the Supreme Court's decision was on her behalf. I.e. it was equivalent to her looking at the 'rule book' more closely and coming to the conclusion that proroguing Parliament based on the Prime Minister's advice was the wrong thing to do, hence she changed her mind?

              – Time4Tea
              5 hours ago






            • 2





              Damn, British political fiction is really funny sometimes.

              – Neith
              5 hours ago

















            • Ok. So, in a sense, the Supreme Court's decision was on her behalf. I.e. it was equivalent to her looking at the 'rule book' more closely and coming to the conclusion that proroguing Parliament based on the Prime Minister's advice was the wrong thing to do, hence she changed her mind?

              – Time4Tea
              5 hours ago






            • 2





              Damn, British political fiction is really funny sometimes.

              – Neith
              5 hours ago
















            Ok. So, in a sense, the Supreme Court's decision was on her behalf. I.e. it was equivalent to her looking at the 'rule book' more closely and coming to the conclusion that proroguing Parliament based on the Prime Minister's advice was the wrong thing to do, hence she changed her mind?

            – Time4Tea
            5 hours ago





            Ok. So, in a sense, the Supreme Court's decision was on her behalf. I.e. it was equivalent to her looking at the 'rule book' more closely and coming to the conclusion that proroguing Parliament based on the Prime Minister's advice was the wrong thing to do, hence she changed her mind?

            – Time4Tea
            5 hours ago




            2




            2





            Damn, British political fiction is really funny sometimes.

            – Neith
            5 hours ago





            Damn, British political fiction is really funny sometimes.

            – Neith
            5 hours ago


















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