#ProrogationCase does not change the constitution. Courts determining the lawful scope of prerogative power is an elementary aspect of judicial review.
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That would be exactly the wrong thing to do. Much more pressing business and the Court’s judgment makes clear that any further mucking about will be quashed almost instantly by the court. That statute belongs in the post-election queen’s speech of another Government.
I was asked yesterday what more Parliament could now do to prevent a no deal Brexit. Other than a VoNC (to install a new govt rather than trigger a GE - unlikely), it seems to me there's not much more it can do.
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Doesn't have to be about no deal for the moment - compliance with humble address (possible contempt), start looking at use of public funds for Johnson's friend, liaison committee etc.
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Pressure to resign would be another way of changing the govt (though for whom?). However, I suspect, like Trump, Johnson is unembarrasable.
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I mean unilateral resignation if he comes round to 19 October with no other option.
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Do you think he will resign? I can't imagine him giving up the office.
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One possibility - yes, if he thinks it will later result in regaining that office e.g. resign as PM 19/10, still party leader, extension secured by some other temp PM, run election campaign on people v the elite extenders, win, regain office without responsibility for extension
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In this example, is the temp PM from the Conservatives or some other party, or do you think it matters at all for Johnson?
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I meant some other party. Maybe it doesn't necessarily matter, but I think it needs to be not-a-conservative for that subsequent election campaign to have (or hit) its target.
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Yes, fair point. I just wonder about whether Johnson would give the control of the Executive to another individual, given that once you are out of office, your ability to dictate events lessens considerably. But maybe he would - he seems a gambler.
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I am writing about this now. It can also resign, but only in favour of another Gov. Otherwise I agree you are right.
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A Prime Minister (and Government) can resign if he/it wishes. A PM cannot be forced to stay in office.https://ukconstitutionallaw.org/2019/09/11/robert-craig-what-could-happen-next-if-the-government-resigns-rather-than-send-the-letter-to-the-eu/ …
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To legislate for revoke as the default?
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Would never in a million years pass. Even Caroline Lucas was highly critical of the Lib Dem’s revoke without referendum policy.
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I’m sure you’re right that they won’t do it. Yet if we do leave with no deal, I suspect they’ll wish they had.
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