It could finally be up to Queen Elizabeth II to pick a side as Britain's Supreme Court has opened proceedings to decide whether or not Prime Minister Boris Johnson broke the law when he suspended Parliament just weeks before the UK is due to leave the European Union. The case pits the powers of elected lawmakers against those of the executive.
Johnson's move to suspend the parliament has outraged several lawmakers. The suspension according to them will prevent MPs from voting against a no-deal Brexit.
Johnson sent lawmakers home from September 9 until October 14, which is barely two weeks before the scheduled Brexit day of October 31.
The court case is hinged over whether or not the PM Johnson misled the monarch in leading her to prorogue the Parliament.
The lower courts have given contradictory rulings with regards to the suspension. England's High Court said the suspension was a political rather than legal matter. However, Scottish court judges ruled last week that Johnson acted illegally to avoid democratic scrutiny.
According to the PM, the suspension is routine and will allow his government to launch its domestic agenda with a new session of Parliament.
The case, which will finally decide on the legality of the decision, is scheduled to last up to three days.
Johnson maintains that he has "Absolutely not,” lied to the Queen to mislead her in any way.
Opponents, who include opposition lawmakers and transparency campaigner Gina Miller, accuse the government of illegal abuse of power designed to sideline lawmakers.
Government lawyers say, "There are no judicial or manageable standards by reference to which the courts could assess the lawfulness of ministerial decisions.”
The Supreme Court must now decide if this is a matter for the courts; and, if so, did the government break the law? The court is due to hear Tuesday from lawyers for Miller and the government.
There will be submissions later from the governments of Scotland and Wales and former Prime Minister John Major all supporting the challenges to the government and from a Northern Ireland campaigner who argues a no-deal Brexit would endanger the peace process there.
It is not clear on what Johnson would do if the judges rule the suspension illegal. He told the BBC he would "wait and see what they say." If the court does rule the decision to be illegal, Johnson might likely have to be hauled up before a judge or going back to the Queen and asking her to overturn his previous advice. And this might prove embarrassing for the Queen too.
The Queen has for long, acted only on the advice of the Prime Minister.
In the meantime, "Don't silence our MPs" and "They misled the Queen," are the placards being held by demonstrators outside London's Supreme Court.
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