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Originally Posted by Skybird
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That decision shows the whole problem with Courts trying to second guess political decisions.
The Court rules that the advice the PM gave was unlawful, but under the UK Constitution, the PM has no power, he only advises the Queen who has all the powers, but is obliged to follow the PM's advice.
For the order to have any teeth, the Court would have to order the Queen to recall Parliament, but the Courts are deemed to be an extension of the Crown, do they have the power to force the Queen to take a political decision?
Can the Court "order" the PM to advise the Queen to recall Parliament? Would that be legal under the UK Constitution?
It is a political minefield, no doubt why the Court said the advice was "unlawful", but ordered no remedy.