“They (the justices) have simply restored on a legal basis constitutionall principles that where previously a matter of political convention…it’s the job of the supreme court to determine what the constitutional rules are?”
– Lord Jonathan Sumption
The Justices have converted “Political Convention” into precedent law. They have given themselves the power/authority to intervene in future issues between parliamentarians and the executive branch of the state.
Their reasoning was the “extreme effect” of the prorogation. The justification was the effect of the government’s actions after the fact?
Have they now created a new principle? An act can be ruled ‘”unlawful” it it creates an “extreme effect” on society or statist mechanisms.
Here is the pretense of the Justices. Their ruling was a political choice, with political effects/ramifications. All 11 Justices were well aware of which side of the political divide their ruling would impact.
Lady Hale in her reading of their decision could have clearly stated their increased supervisory powers over the executive branch of the state. Why? It was televised for public consumption, hence clarity and brevity are important for easy comprehension of their reasoning and ruling.
No obfuscation. A direct, overt statement of their increased powers to intervene!