In all the muddle and obfuscation swirling around the Brexit miasma, the judgment of the supreme court on the legality of Boris Johnson’s prorogation provided welcome evidence of intelligence and crystal-clear language.
From the full judgment:
JUDGMENT R (on the application of Miller) (Appellant) v The Prime Minister Respondent) Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland)
55. Let us remind ourselves of the foundations of our constitution. We live in a representative democracy. The House of Commons exists because the people have elected its members. The Government is not directly elected by the people (unlike the position in some other democracies). The Government exists because it has the confidence of the House of Commons. It has no democratic legitimacy other than that. This means that it is accountable to the House of Commons – and indeed to the House of Lords – for its actions, remembering always that the actual task of governing is for the executive and not for Parliament or the courts. The first question, therefore, is whether the Prime Minister’s action had the effect of frustrating or preventing the constitutional role of Parliament in holding the Government to account.
56. The answer is that of course it did.
Loving that ‘of course’.
61. It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October. We cannot speculate, in the absence of further evidence, upon what such reasons might have been. It follows that the decision was unlawful.
And from the summary:
R (on the application of Miller) (Appellant) v The Prime Minister (Respondent) Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland)
This Court has already concluded that the Prime Minister’s advice to Her Majesty was unlawful, void and of no effect. … The prorogation was also void and of no effect. Parliament has not been prorogued. This is the unanimous judgment of all 11 Justices.