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TALKING POLITICS

Supreme Court

Sep 19, 2019
Catherine Barnard, a Professor of EU Law, and Chris Bickerton, a political scientist, dive into the Supreme Court's critical prorogation case. They discuss the tension between judicial review and political power, exploring why courts are cautious about intervening in political matters. The implications for Brexit and parliamentary sovereignty are dissected, including whether the UK's constitution is shifting towards a more European model. The conversation raises questions about potential second referendums and the political dynamics affecting Brexit negotiations.
45:04

Podcast summary created with Snipd AI

Quick takeaways

  • The Supreme Court's ruling on prorogation could redefine the balance of power between the judiciary and Parliament in the UK.
  • Contrasting judicial perspectives suggest a potential shift towards increased judicial oversight over executive actions threatening parliamentary democracy.

Deep dives

Understanding the Supreme Court's Role in Prorogation

The Supreme Court case on the prorogation of Parliament is a significant examination of constitutional law, with a focus on the justiciability of the government’s actions. There are contrasting views on whether the court should intervene in what is traditionally seen as a political matter. The High Court ruled that government decisions of this nature are not justiciable, while the Scottish Court argued that unlimited power should not exist without judicial review, especially when such actions threaten parliamentary democracy. The outcome of this case could define new boundaries for governmental powers and judicial oversight in the UK.

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