As every first year constitutional law student knows, in the Westminster system, Parliament (or the Queen-in-Parliament) is sovereign.
There is no question where responsibility for the UK’s leaving the EU must lie – with Parliament.
So the British Parliament exerted its plenitude of sovereign powers when it installed a government pledged to Brexit following the 2017 general election. And when it passed laws setting a leaving date. Also when it rejected the EU withdrawal treaty negotiated by former PM Theresa May. And definitely when it granted supply to the May government and its succeeding Johnson government to keep on trucking.
So what is one to make of Boris Johnson asking the Queen to prorogue Parliament (that is end the Parliamentary session in mid-September and then start a new one after a delay of a month or so – ostensibly to pass his triumphantly-negotiated but highly-unlikely new EU withdrawal agreement). Continue reading “Parliament is sovereign – but that means it has to exercise its sovereignty”