Episode summary: In the middle of the epic prorogation battle at the Supreme Court, we ask what’s at stake: for the government, for Brexit, for the constitution and for democracy. Is this a case of legal precedent, common law practice or higher constitutional principle? Is the UK constitution becoming more European in the act of leaving the EU? And what are the things lawyers on neither side can say? Plus we ask how Jo Swinson’s case for revoking article 50 is going and we discuss whether we could really have a 2nd referendum without another general election. A packed episode! With Catherine Barnard, Helen Thompson and Chris Bickerton. The prorogation case has reached the Supreme Court. - Traditionally the courts are reluctant to second guess political decisions. - The high courts of England and Wales ruled that the case wasn’t justiciable. The Scottish court took a different line. - This case is really looking under the bonnet of the constitution. If there is no judicial control, the right to prorogue could be abused—this…
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