State & Ceremonial

Supreme Court to rule whether the The Queen acted upon unlawful advice next week


Photo: Supreme Court live feed

The Supreme Court is expected to announce their verdict over whether Boris Johnson misled The Queen early next week.

On Thursday, the three-day court hearing came to an end in the United Kingdom’s Supreme Court – the highest court in the land.

President of the court, Lady Hale, promised to deliver a verdict as quickly as “humanly possible”.

Shortly before adjourning the hearing, Lady Hale, who is the most senior judge in the UK, said ‘none of this is easy.’

Last week, the Scottish Court in Session ruled that the advice conveyed to Her Majesty regarding prorogation was unlawful because “It had the purpose of stymying Parliament.”

The decision that the 11 Justices arrive at will have a profound impact.

If the ruling by the Court of Session is upheld by the Supreme Court, questions will be raised over whether Buckingham Palace can trust Downing Street.

Dr Catherine Haddon, a Senior Fellow at the Institute for Government, said: “Regardless of the final outcome, it is pretty uncomfortable position for the Palace. 

“HM acts on the Advice of her PM. For a court to rule that advice was unlawful, even if the ruling is later rejected, opens up questions about how that advice is given. She has to be able to trust No.10.”

The Queen has been mentioned throughout the three-day hearing, with one of the judges expressing concerns that the 93-year-old monarch is being “sucked in” to matters of political controversy.

Lord Sales asked: “If there are constitutional principles that require to be policed, in our constitution isn’t it more appropriate for the court to do it rather than for The Queen to have to be sucked into what may be decisions with political ramifications?”

Sir James Eadie QC, acting for the government, was in agreement, saying: “My Lord, I think you may well be right. I may be in a position of happily accepting that proposition.”