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mattberkley's profile
Matt Berkley
Matt Berkley
Matt Berkley
@mattberkley

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Matt Berkley

@mattberkley

Comparing source documents to claims by governments, UN agencies, media, fact checkers and others on global progress, large-scale social science and UN pledges.

ungoals.org
globalfactcheck.org
Joined February 2009

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    1. Aileen McHarg‏ @AileenMcHarg 7h7 hours ago

      I finished reading now. Lots of sleights of hand in the judgment, most notably recasting the case as an entirely normal exercise of judicial functions - a question of law as to the scope of the prerogative; a question of fact as to the effect of the prorogation.

      6 replies 31 retweets 87 likes
      Show this thread
    2. pigletwithwings‏ @pigletwithwings 5h5 hours ago
      Replying to @AileenMcHarg

      I would also love to know why a 3 week prorogation doesn't impinge upon Parliamentary sovereignty or scrutiny, but a 5 week prorogation does. The Court said it's not looking into motive, but it's implicit throughout the judgment that it is, particularly with da Costa quoted.

      4 replies 3 retweets 9 likes
    3. Aileen McHarg‏ @AileenMcHarg 5h5 hours ago
      Replying to @pigletwithwings

      I agree (and tried to say so).

      2 replies 3 retweets 4 likes
    4. Gavin Phillipson‏ @Prof_Phillipson 5h5 hours ago
      Replying to @AileenMcHarg @pigletwithwings

      Where in the judgment or elsewhere are you basing that argument?

      3 replies 0 retweets 1 like
    5. Aileen McHarg‏ @AileenMcHarg 5h5 hours ago
      Replying to @Prof_Phillipson @pigletwithwings

      I think the question of justification necessarily blurs the effect/motive distinction.

      4 replies 1 retweet 4 likes
    6. Steve Peers‏Verified account @StevePeers 2h2 hours ago
      Replying to @AileenMcHarg @Prof_Phillipson @pigletwithwings

      But examining the *reasons* as part of examining the effects isn't the same as examining the motive. The former approach doesn't seek to establish "why he really did it", only whether the reasons offered amount to a reasonable justification.

      3 replies 1 retweet 4 likes
    7. Aileen McHarg‏ @AileenMcHarg 2h2 hours ago
      Replying to @StevePeers @Prof_Phillipson @pigletwithwings

      That's true. But it's more than simply a question of fact.

      4 replies 0 retweets 1 like
    8. Matt Berkley‏ @mattberkley 2h2 hours ago
      Replying to @AileenMcHarg @StevePeers and

      Matt Berkley Retweeted Matt Berkley

      It is a fact - and foreseeable - that Parl is prevented from scrutinising whatever may arise during the period. Perhaps the judgement's not requiring "reasonableness" to include the unpredictability of politics is a significant defect. https://twitter.com/mattberkley/status/1176416640432574464 … @adamwagner1

      Matt Berkley added,

      Matt Berkley @mattberkley
      Replying to @JMPSimor @EliotWilson2
      On the other question - "how long is too long?": We can't reliably speculate what may occur during the period, which MPs would want to scrutinise. So it seems to me that no period of prorogation without a clear and demonstrable purpose should be lawful.
      1 reply 0 retweets 0 likes
    9. Steve Peers‏Verified account @StevePeers 2h2 hours ago
      Replying to @mattberkley @AileenMcHarg and

      It's the justification that needs to be reasonable, not the decision itself.

      1 reply 0 retweets 0 likes
      Matt Berkley‏ @mattberkley 2h2 hours ago
      Replying to @StevePeers @AileenMcHarg and

      Matt Berkley Retweeted Matt Berkley

      I'm not sure how that affects the argument. The justification could not, on my view, ignore the *risk* to the ability of Parliament to scrutinise any unexpected matters which may arise during the period. A discussion is here:https://twitter.com/mattberkley/status/1175362236795240449 …

      Matt Berkley added,

      Matt Berkley @mattberkley
      Replying to @stefan_theil @RobertCraig3 and 10 others
      Yes - and perhaps arguments should also include "reasonably possible effects", if it would be implausible for the Government to claim it didn't anticipate them? My objection is really to @tarunkhaitan 's idea of a supposed dividing line arisin…
      9:11 AM - 24 Sep 2019
      1 reply 0 retweets 0 likes
        1. Matt Berkley‏ @mattberkley 5m5 minutes ago
          Replying to @mattberkley @StevePeers and

          How can the court be right that the extent to which Parliament was hindered is no more difficult to determine than in routine factual matters? Should the test not be more clearly stated as "significantly hindering the ability of Parliament for scrutiny of whatever may arise"?pic.twitter.com/ZH90faJ4WU

          0 replies 0 retweets 0 likes
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