Legal Expert David Allen Green's Take On Supreme Court's Prorogation Ruling

24 September 2019, 11:50

Constitutional law expert David Allen Green explained to James O'Brien why the Supreme Court judges ruled against Boris Johnson - and what happens next.

The 11 justices of the Supreme Court ruled unanimously that Boris Johnson's suspension of parliament was unlawful and is ruled void - meaning that parliament could reconvene straight away.

In a rare interview speaking after the judgement, Mr Green explained to LBC what it all meant.

He said: "It is an astonishing piece of legal work. All the more so that it is unanimous, which stands out most starkly.

"Nobody was expecting a unanimous verdict. If you asked me a month ago, we would have said prorogation is just one of those non-justicable things and an entirely political decision for the Prime Minister.

"But the genius of Dominic Cummings and Nikki Da Costa and the Number 10 operation have converted something that was inherently non-justicable to an 11-0 victory at the Supreme Court, just by their own tomfoolery."

James O'Brien spoke to David Allen Green on the Supreme Court ruling
James O'Brien spoke to David Allen Green on the Supreme Court ruling. Picture: PA / LBC

Explaining their verdict, he continued: "What the court had to do first and foremost was to work out whether it was justicable. That means is it a question capable of a legal answer. That was the real difficulty as it was literally unprecedented.

"They worked out that there is a rule that they can adopt. That was that the government cannot ask for a prorogation unless it had a good reason.

"That is more or less what the Supreme Court has decided."

More to follow...

More James O'Brien

See more More James O'Brien

Man whose parents were murdered by Hamas on October 7 says: We are on precipice of global war— Peace is possible.

Man whose parents were murdered by Hamas on October 7 says: We are on precipice of global war— Peace is possible

Full Disclosure live on stage with James O'Brien and Carol Vorderman: Buy your tickets here

Full Disclosure live on stage with James O'Brien and Carol Vorderman: Buy your tickets here

Exclusive
The Conservative Party Conference this year is more notable for who's not there than who is, both journalistically and possibly politically, says James O'Brien

After 14 years in power, Tories can't dodge responsibility for their mess, says James O'Brien

An LBC caller shared the shocking moment she discovered child sex abuse images on her ex-husband's computer

LBC caller shares harrowing moment she discovered child sex abuse images on ex-husband’s computer

Exclusive
'Messing with kids minds in a big way': Tony Blair calls for social media regulation as he admits 'we can't go on like this'

'Messing with kids' minds': Tony Blair calls for greater social media regulation, admitting: 'we can't go on like this'

Londoners to question the Mayor at annual State of London Debate with LBC

Londoners to question the Mayor at annual State of London Debate with LBC

Sacked borders watchdog David Neal said the Home Office is 'dysfunctional' and needs reform.

'It goes to the very top': Sacked border watchdog slams Home Office and calls for reform after Cleverly row

Exclusive
Shahd Waleed is trying to leave Rafah with her parents and enter Egypt

'They want us to experience pain': Young woman trapped in Rafah with her parents tells of terror as Israel invasion looms

Sir Keir Starmer has defended comments he made about Margaret Thatcher earlier this month.

Starmer defends Thatcher comments as he says he ‘completely disagrees’ with former prime minister’s politics

A caller to James O’Brien’s programme has shared footage of the extraordinary destruction done to his newly purchased property just outside of Durham.

Property investor's shock at 'unexplainable level of damage' he discovered after buying new home

Exclusive
James Cleverly replaced Suella Braverman as home secretary on Monday

'I've spent more time with James Cleverly this week than with Suella Braverman in the last year', Sadiq Khan tells LBC

James O'Brien discusses Suella Braverman's 'destructionist' leadership style with a caller

'She's a destructionist': James O'Brien caller claims Suella Braverman governs like 'a five-year-old'

James O'Brien

'She definitely has something on him': Caller and James O'Brien debate why the PM hasn't sacked Suella Braverman yet

'A complete reset of the top' is needed says caller.

'We're being let down': There is a 'complete disconnection' between parliamentary and local Conservatives says caller

James O'Brien

'It's essential that people are able to protest peacefully against war', says James O'Brien

James O'Brien

Rishi Sunak 'almost physically moves away' from Suella Braverman in House of Commons debate, says James O'Brien

James O'Brien

'Suella Braverman succeeded - she's caused hate', claims caller after Home Secretary criticises pro-Palestine marches

'A fish rots from the head': James O'Brien caller reacts to claims of misogyny in Downing Street during Covid Inquiry

'A fish rots from the head': James O'Brien caller reacts to claims of misogyny in Downing Street during Covid Inquiry

'Ludicrous, bogus, nonsense': James O'Brien is astounded by Boris Johnson 'laughing at Italy' during the pandemic

'Ludicrous, bogus, nonsense': James O'Brien is astounded by Boris Johnson 'laughing at Italy' during the pandemic

James O'Brien on Dagestan

'It's a hatred as old as religion itself': James O'Brien analyses escalating anti-Semitism after Muslim crowd storms Dagestan airport

Carol Vorderman shocked about UK Poverty

'One million children are living in destitution': Carol Vorderman struggles to comprehend stark wealth inequality in the UK

Wes Streeting on dentistry

Wes Streeting invites the government to steal Labour's policy to solve 'dickensian' NHS dentist crisis

James O'Brien

'I think they're the loneliest voters in Britain', James O'Brien claims after Tories' double by-election defeat

JOB and caller Andy

Biden's visit to Israel is to show that the US stands 'unequivocally' with Israel says James O'Brien caller

JOB and Usman

Israel's current response will only 'strengthen' Hamas by rearing Gazans who seek revenge warns this James O'Brien caller

JOB on deaths in conflict

James O'Brien unpacks the 'controversial' feeling of being 'equally devastated' by Palestinian and Israeli deaths

JOB on starmer speech

Keir Starmer is using 'working class as the opposite of having a sense of entitlement', notes James O'Brien

JOB on HS2 promises

James O'Brien criticises Rishi Sunak's watering down of 'illustrative' Network North projects funded by HS2 cut

Sadiq Khan and James O'Brien

Sadiq Khan declares there is 'no place for anti-Semitism' in London as kosher restaurant in Golders Green attacked

James O'Brien on the challenge HS2 scrappage poses to Labour.

‘How much can Rishi Sunak knock down before Keir Starmer becomes Prime Minister?, asks James O’Brien

James O'Brien

Rishi Sunak is like an 'incontinent cat': James O'Brien slams Tories ahead of PM's Party Conference speech

JoB and Jeremy Hunt

Navy veteran deeply hurt by Jeremy Hunt's plans to clamp down on benefit claimants