The ruling by the UK Supreme Court nullifying the suspension of parliament by Prime Minister Boris Johnson is instructive for both sides of the Brexit debate. The Remainers will read it as a proof of Boris Johnson’s betrayal to the constitution while the Leavers will take it as a political decision undermining the authority of the prime minister. The 11 judges’ unanimous decision declared that the suspension of parliament, no matter what the circumstances, is abuse of power to silence parliamentarians on critical issues. Boris Johnson suspended parliament to proceed with his Brexit plan without any interference from hostile law makers. The ruling vouches for the fact that in no way can the prime minister bypass parliament or mislead them by taking the benefit of constitutional terms. The verdict will go a long way in establishing the writ of the parliament and any future prime minister will think twice before suspending or bypassing it. This is what proud democracies do even in the most pressing times. Of course, Brexit presents the biggest constitutional shakeup in the UK and there are divergent views on it inside and outside parliament, but under no circumstances should the suspension of the house be allowed.
The ruling also states that a prime minister should not exercise power against the will of the people. No individual should hold absolute power and parliamentarians are elected to take decisions after debates. In no way should parliament be bypassed to further any agenda. Some people may take the judgement as anti-parliament because it undermines the authority of the prime minister. That is not true. In fact, the ruling strengthens parliament.
What lessons can be drawn from the UK Supreme Court for our judiciary, prime minister and parliament?
One, in no way is a court empowered to justify the suspension of parliament. Two, no matter what the circumstances, a prime minister cannot act as an individual as their core powers stem from parliament, and that means the house should remain supreme. Three, parliamentarians should strengthen parliament and represent the will of the people instead of following their personal agendas. That is the only way to go along democratic lines. *