The Brexit crisis is political. Its resolution must be political too | Simon Jenkins

Whatever the supreme court decides, Boris Johnson should recall parliament and compromise on the Irish backstop

Boris Johnson is looking like Saint Sebastian, pierced with a thousand arrows but with a saintly smile on his face. Next week more judges join in the archery, as the supreme court begins his prorogation case. Who knows what damage they might do? Their task is simple. The purpose of a supreme court is not to avoid politics but to set its rules, to frame it in law.

This week’s Scottish judges were right. The advice given by the prime minister to the monarch must be reviewable where its implications are plainly constitutional. Johnson’s potentially deceptive advice to the Queen on proroguing parliament must be open to review – not just condemnation – if his ulterior motive was to curb parliamentary freedom. If the court refuses to intervene, whatever it decides, it will be inviting future monarchs to dispute the advice, thus sucking them into politics. The supreme court must adjudicate.

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