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Supreme Court - round 2

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RolloTheRed

RolloTheRed Report 2 Oct 2019 18:20

Amidst all the guff in Manchester it is worth remembering that the law has long had a remedy for public servants and public bodies who/which refuse to obey or implement the law. It is called a "writ of mandamus" - an order to obey.

Thus if Johnson fails to cut a deal with the EU and refuses to sign the S50 extension letter as demanded by the Benn Bill interested parties could apply to the Supreme Court for a writ of mandamus.

If he refused to sign the letter then the Cabinet Secretary Sir Mark Philip Sedwill would sign. Obeying the law is not optional in the UK though Johnson seems to be a slow learner.

If Johnson dislikes the Benn Bill his remedy is not to defy the law but to repeal it in parliament. Of course with a current majority of -41 that could be tricky.

Researching:
The Man In the High Castle

Kense

Kense Report 2 Oct 2019 21:34

Isn't he relying on not signing and the subsequent legal action taking too long to avoid the no-deal exit that he is really aiming for?

RolloTheRed

RolloTheRed Report 2 Oct 2019 22:14

By their very nature orders of mandamus are heard as urgent matters. The deadline to sign is 19 Oct plenty of time. The guy behind this is Dominic Greig.

Researching:
The Man In the High Castle