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Best of the Spectator

The Spectator Podcast: are courts taking over politics?

Best of the Spectator

The Spectator

News Commentary, News, Daily News, Society & Culture

4.4785 Ratings

🗓️ 19 September 2019

⏱️ 34 minutes

🧾️ Download transcript

Summary

As the Supreme Court wraps up its trial into prorogation, we ask – are the courts overreaching (00:25)? We also find out about the prevalence of mental illness in the homeless and the rough sleeping (10:20). And last, Mary Killen tells us why she’s no longer a Remainer (20:45).

With Richard Ekins, Jack Simson Caird, Mary Wakefield, Dominic Williamson, Mary Killen, and Rachel Johnson.

Presented by Lara Prendergast.

Produced by Cindy Yu and Adam Cherry.

Transcript

Click on a timestamp to play from that location

0:00.0

Hello and welcome to you at The Spectator podcast. I'm Lara Prendergast.

0:09.4

As the Supreme Court wraps up its trial looking into the prerogation of Parliament, we ask, are the courts overreaching?

0:16.8

We also discussed the prevalence of mental illness amongst the homeless.

0:21.2

And finally, Mary Killen tells us why she's no longer a remainer.

0:26.2

This week sees the end of an extraordinary Supreme Court trial.

0:30.4

A former Prime Minister made a damning statement against our current Prime Minister.

0:34.8

Meanwhile, allies of the government have questioned the impartiality of the judiciary.

0:39.3

It's all getting a bit political. So, what should the role of the judiciary be in a democracy?

0:45.4

And are our courts over mighty? Richard Eakins, head of the Judicial Power Project at Policy Exchange,

0:52.4

raises these questions in this week's cover article,

0:55.0

and he joins us down the line from Oxford.

0:57.4

I'm also joined by Jack Simpson-Ked, a constitutional law expert from the Bingham Centre.

1:04.1

Jack, for those listeners who might not have been following this week's events all that closely,

1:07.8

can you give us a bit of an overview into what's been happening and what's at stake for the government?

1:12.5

Okay, so what we've seen is the Miller challenge making, setting out their arguments, and essentially their

1:19.3

argument is that the prorogation requested by the Prime Minister was unlawful because essentially

1:25.6

it didn't take into account Parliament's constitutional role. It

1:29.1

misunderstood Parliament's constitutional role and as a result the prorogation should be declared

1:33.7

by the court unlawful. Then we've heard from the government that actually the court shouldn't

1:38.0

even be looking at this question. That actually the question of prorogation is something which

1:42.2

is subject to convention and in our system

1:45.1

that means that the courts don't play a role at all. Richard, you're writing your cover piece

...

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