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Boris Johnson
Opinion
SCMP Editorial
Editorial
SCMP Editorial

Law brings Boris Johnson back down to earth

  • By declaring the decision to dismiss parliament unlawful, judges have reminded the British prime minister due process must be followed in Brexit push

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Boris Johnson arrives at Downing Street after flying back into the biggest crisis of his brief time as prime minister on Wednesday, after Britain’s Supreme Court ruled that he broke the law by suspending parliament. Photo: Bloomberg
SCMP Editorial
Editorials represent the views of the South China Morning Post on the issues of the day.
British Prime Minister Boris Johnson, who came to office promising a new “can-do” spirit, has quickly discovered there are some things he cannot do. First, parliament passed a law to prevent him honouring his pledge to take Britain out of the European Union without a deal if necessary. Then it blocked his bid to call a snap general election. Johnson’s response was to prorogue – or dismiss – the legislature for five weeks. But that controversial move has now been declared unlawful in an unprecedented judgment by the Supreme Court. It is a welcome example of constitutional constraints being applied to prevent an abuse of power by the executive.

Johnson has shown he is prepared to break the rules to make good on his promise to deliver Brexit by the October 31 deadline. He shut down parliament to avoid scrutiny from legislators at a critical time in the Brexit process. The judgment by Britain’s highest court was that this use of royal prerogative powers was “unlawful, void and of no effect”. The court said it frustrated the ability of parliament to carry out its constitutional functions without reasonable justification.

The judgment, delivered by the court’s president Lady Hale, a non-permanent judge of Hong Kong’s Court of Final Appeal, has its critics. The courts have traditionally avoided getting involved in political matters. Government lawyers had told the judges they would be entering forbidden territory if they intervened. But the ruling by 11 judges was unanimous and expressed in clear, unemotional terms. It stands as a powerful statement of the constitutional position.

The ruling underlines the importance of parliamentary sovereignty. The problem for the prime minister is that he no longer enjoys a majority in parliament. He has been fenced in by the opposition who are determined to frustrate any attempt by him to bring about a damaging no-deal Brexit.

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Johnson must strive to forge a deal with the European Union that enjoys support in parliament. If this is not possible, a general election and possibly another Brexit referendum will be needed to end the impasse. Johnson may have other cards up his sleeve. But whatever steps he takes in the Brexit cause must respect the parliamentary process and the law.

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