It was a day of flashbacks to 2008, as Boris Johnson asked the Queen to prorogue the Parliament in Westminster, and social media had erupted with cries of “coups,” “dictatorships,” and wannabe constitutional scholars ignoring nearly two centuries of Responsible Government as they tried to implicate the Queen in granting Johnson’s request. Of course, there are some fundamental differences between now and the 2008 prorogation, such as the fact that there will still be a “washing up period” of a few days, as is traditional with UK prorogations, and time where the opposition can still try to move some kind of motion to try and stop a no-deal Brexit, though I’m not sure what mechanism they would use. A private member’s motion would be non-binding (and would carry only the symbolic weight of the Chamber), while a private members’ bill would try to impose some kind of negative obligation on the government – even if it could be sped through in those final days – and if there is no no-deal option on the table, it would then impose the necessity to have some kind of deal, which the Commons has already rejected. There is also the option of moving a non-confidence motion in those remaining days, which could topple Johnson’s government, ostensibly. The prorogation is also for a couple of weeks, and will return Parliament by October 14th, which still leaves it time to do something about Brexit before the October 31stdeadline. Johnson’s move may be dubious – and a dick move – but it could have been much worse. It’s not a coup. It’s not demolishing democracy. And it’s not eliminating parliament as an obstacle to Johnson – in fact, it may have only made it worse, as the move signals his desperation.
Having so many flashbacks to 2008 today… pic.twitter.com/vR1kbbTOsz
— Dale Smith (@journo_dale) August 28, 2019
https://twitter.com/PhilippeLagasse/status/1166695661108105216
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All of this being said, we need to also remember that some of the received wisdom of the 2008 prorogation crisis needs to be challenged. For example, people keep insisting that Michaëlle Jean was wrong to grant Harper the prorogation (ignoring that if she refused the advice of her prime minister, he would have been obligated to resign, which would have created a whole other constitutional crisis), that an opposition coalition would have been able to take over. The problem is that said coalition was never really viable, and pretty much everyone knew it. And this was proven correct by the fact that it did not survive the prorogation period. Had it done so, had they banded together and moved a motion of non-confidence, then formed a coalition, then sure, it would have proven that it was viable, and it would have reinforced that the system was working (as it did in when Sir John A Macdonald did not survive a prorogation to avoid a confidence vote around the Pacific Scandal). But the coalition fell apart, proving that Jean was right to simply grant the prorogation – making Harper stew about it for a few hours – and doing her job in acting on the advice of a first minister. But you’re going to hear a rehash of the coalition fanfic of the day, and we need to remember that it was only that – fiction.
Meanwhile, Susan Delacourt offers her thoughts on the prorogation, the disconnect between parliaments and the outside world, and the idle speculation about whether Stephen Harper’s 2008 prorogation may have inspired Johnson.