NEXT Tuesday the Supreme Court is to hear the government’s appeal against last Tuesday’s verdict of Scotland’s highest civil court that PM Johnson’s proroguing of the UK Parliament is unlawful, since its aim, the court found, was to ‘stymie’ Parliament to prevent it holding the government to account ahead of Brexit.
The Court of Session judges were unanimous that Johnson had effectively misled the Queen in advising her to suspend Parliament.
They added: ‘The Court will accordingly make an Order declaring that the prime minister’s advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect.’
The court did not comment on the very experienced Queen accepting advice that was illegal.
The Remain majority in the House of Commons greeted that verdict with rapture and immediately demanded that Parliament be reopened at once vowing that it would sit throughout the various September party conferences until Brexit had been well and truly smashed and Article 50 rescinded.
If next Tuesday’s Supreme Court appeal finds against the government, the Remainers will be able to force the reopening of Parliament, where they will organise their own coup to smash the 2016 referendum result – a referendum that was organised by the same House of Commons to let the people decide whether to leave or not.
MPs are not scheduled to return to Parliament until 14 October, 17 days before the UK is due to leave the EU.
The issue is now hurtling towards the UK Supreme Court, where there will be a definitive ruling on whether the prime minister acted unlawfully, or not.
It is clear that a decision by the Supreme Court next Tuesday that Johnson’s proroguing is illegal will lead to Labour, the SNP and the LibDems getting an immediate recall of Parliament.
They will continue from where they left off last Monday when they made a No-Deal Brexit illegal on the last day of Parliament’s sitting.
The response of PM Johnson to this threat of ‘illegality’ was to vow publicly that he would rather ‘be found dead in a ditch’ than surrender to Brussels by extending the ‘leaving date’ to January 31 2020.
It is clear that a re-sitting of Parliament will see a move to get rid of Brexit completely through a Labour-led front of all the ‘Remain’ parties in a vote for a second referendum ‘allowing’ the electorate to accept the May deal or reject it to ‘Remain’ in the EU – with no ‘Leave’ option.
This kind of ballot is supported by Labour’s Deputy Leader, Watson, and Labour’s shadow Chancellor McDonnell, plus Starmer and others. This would mean stabbing Corbyn in the back and removing him as the leader – but Labour’s Remainers are up for it.
They will have the support of Tories such as Dominic Grieve who warned Johnson that he would be jailed if he tried to bring in an illegal ‘No-Deal’ Brexit. In fact, Project Fear is now in full flight, and not just with the Yellowhammer revelations.
Yesterday, the Guardian newspaper alleged that senior civil servants could face disciplinary action or even criminal charges if they comply with a government instruction that breaks the law.
It added that lawyers had warned: ‘They could face a disciplinary action or charges such as malfeasance in a public office’, if they comply with an illegal government instruction to leave the EU without a deal!
It is now pretty clear that the decisive moment for Brexit is approaching. There is a way out of this crisis. This is that the working class and its trades unions take general strike action to prorogue Parliament permanently and replace it with workers’ power and rule through workers’ councils.
There is a great historical precedent.
That great parliamentarian Oliver Cromwell shut down or purged parliaments that would not carry out the people’s will. He shut down the House of Lords and established a Republic.
It is his revolutionary method that will win today!