The unanimous judgment in the Supreme Court that Parliament is not and never has been prorogued, and that the advice of the Prime Minister to the Queen was “unlawful, void and of no effect”, and that the Order in Council was “unlawful, void and of no effect”, and that the Order should therefore be quashed, renders the Constitutional Monarchy of the United Kingdom void and of no effect.
Supreme Justice Lady Hale said that when the Royal Commissioners walked into the House of Lords “it was as if they had walked in with a blank sheet of paper”. If the prorogation was “void and of no effect”, then the Queen’s Order was “void and of no effect”, and so the Crown has become subject to the judgments of the Supreme Court.
Her Majesty’s constitutional powers to advise and warn her Prime Minister, or even in extremis to refuse his or her advice, are now subject to the judgments of the Supreme Court. If the Queen wills it, the Supreme Court can unwill it. If the Queen does not will it, the Supreme Court can oblige her to will it. The orders of the Monarch are justiciable.
This is a seismic constitutional shift in the United Kingdom, if not an unglorious revolution.
We are now ruled by 11 Justices of the Supreme Court – unelected, unaccountable and unimpeachable. In the twilight years of the longest and happiest reign in British history, the Crown has become a constitutional bauble.
God Save the Queen.