I was challenged by Michael Wilkinson of the LSE on my interpretation of he importance of the Cherry/Miller ruling on the legality of the 2019 prorogue. Suggested or discovered reading, included a review of  a book he co-edited. My notes have lain around on my hard disk and I decided to tidy them up. Here are my notes and thoughts. From the reviews, I’d say the title is provocative but it might have a jargon meaning about which I am unclear. …

  1. A Constitutionally Momentous Judgment That Changes Practically Nothing?, by Michael Wilkinson, a blog article in verfassungsblog. (I think he reflects on power in the populace who voted to exit the EU and, correctly, predicted that the ruling i.e. nullifying the prorogue would make little difference.
  2. In 1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2), Prof. Mark Elliot explains the ruling.
  3. Michael Williamson co-edited a book, and this link Constitutionalism Beyond Liberalism, has a comprehensive commentary/review written by Tejas Parasher. The book looks at the limits of “Liberal Constitutionalism” and it’s failures on its own terms, and critiques from radical community democrats and from collective communities, particularly from the global south. The book is also available via Taylor & Francis and their page has the first page of a review by 
  4. Wilkonson also wrote a book called, Authoritarian liberalism and the transformation of modern Europe.

Does the book miss the input from political scientists? Why Lawyers?

The T&F review raises the individual nature of rights in western constitutions vs. the collective rights education and housing for instance agreed by the UN but generally ignored by the West’s constitutions and completely so in the UK.

Parasher points out that Wiliamson wrote the piece on Germany in the book and considers it an exception to the West’s Liberal Constitutionalism. This is important because it was written with a blank piece of paper; it represents what Liberal Democracy thought the best that could be done was. Let’s see if I can get a copy of it.

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