The Reaffirmation of Parliamentary Democracy and Accountability is not a Party Political Issue

By Professor Kate Moss

The Supreme Court has today given its judgement on the prorogation of Parliament and in a nutshell it has said four things;

 

1. The Prime Minster’s advice to Her Majesty to prorogue Parliament was unlawful.
2. The actual prorogation of Parliament was unlawful and is therefore void.
3. Parliament has not therefore been prorogued.
4. The Speaker of the House should decide what to do next and the House of Commons should reconvene as soon as possible.

Amid all the comments today and in the following days it is important to remember one thing. This decision is not about party politics and it is not about Brexit. Sure, it came about as a result of issues relating to Brexit, but the decision made by the highest court in the land today is not about leave or remain; is not about whether you are blue, red, green, yellow or even purple with spots. Whatever your political persuasion it is important to remember that what this decision actually does is uphold some of the most important constitutional principles of our democracy.

 

First it underpins that the great constitutional principle of the Rule of Law – that no one is above the law of the land (even the Prime Minister) – is alive and well. Dicey’s (1885) idea of the rule of law, that specifically  “No man is above the law; every man and woman, whatever be his or her rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals” lives on in this judgement.

Commentators have long argued that the dominance of the government over Parliament is tantamount to there being an elective dictatorship, a situation compounded perhaps by the lack of a formal codified constitution. So second, this judgement emphasises that the Separation of Powers (albeit only partial in our case) does work to hold any government (no matter what type) accountable for their actions and that an independent Judiciary can act to uphold this democratic principle. Lady Hale today commented that “Parliament has a right to a voice” and the court is capable of ensuring that Parliament can carry out its reasonable functions.

 

So take heart. The Constitution works well. We do have a Parliamentary democracy. No one is above the law and any UK government can be held accountable. Party political views or leave or remain views should not be allowed to cloud todays decision which is a victory for democracy.