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The Remedy

62.Mrs Miller asks us to make a declaration that the advice given to Her Majesty was unlawful and we can certainly do that. [...] The essential question is: is [the Crown in] Parliament prorogued or is it not?
evident acts of Pariament: "article" 9 Bill of Rights (1688), Claim of Right of 1689 (Scotland) agree, Erskine May, Parliamentary  Practice (25th ed 2019, para 13.12):
"The primary meaning of proceedings, as a technical parliamentary term, which it had at least as early as the 17th century, is some formal action, usually a decision, taken by the House in its collective capacity. While business which involves actions and decisions of the House are clearly proceedings, debate is an intrinsic part of that which is recognised by its inclusion in the formulation of article IX.
Proragtion is "not a decision of either House of [the Crown in] Parliament."
It is not something upon which the Members of [the Crown in] Parliament can speak or vote. The  Commissioners are not acting in their capacity as members of the House of Lords but in their capacity as Royal Commissioners carrying out the Queen's bidding. They have no freedom of speech. This is not the core or essential business of Parliament.
It led to the Order in Council which, being founded on unlawful advice,was likewise unlawful, null and of no effect and should be quashed. This led to the actual prorogation, which was as if the Commissioners had walked into [the Crown in] Parliament with a blank piece of paper. It too was unlawful, null and of no effect.
70.It follows that [the Crown in] Parliament has not been prorogued and that this court should make declarations to that effect. We have been told by counsel for the Prime Minister that he will "take all necessary steps to comply with the terms of any declaration made by thecourt" and we expect him to do so. However, it appears to us that, as [the Crown in] Parliament is not prorogued, it is for [the Crown in] Parliament to decide what to do next.
"to decide  upon a  way forward": uh oh.

Diversity is the key to economic and political evolution.
by Cat on Wed Sep 25th, 2019 at 12:40:21 AM EST
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