Citizens cannot take Parliament to court to force it to hold a General Election, even when they believe that Parliament to have lost legitimacy.
Can Parliament be compelled by the courts to not frustrate the 2019 Withdrawal Act Amendment "Exit Day", using the Padfield Principles, and thus be compelled to let the UK leave the EU on October 31st?
There are principles that allow the Judiciary to limit Parliamentary Sovereignty:
in the 2005 case of Jackson v Attorney General, Lord Steyn said ” In exceptional circumstances involving an attempt to abolish judicial review or the ordinary role of the courts, the Appellate Committee of the House of Lords or a new Supreme Court may have to consider whether this is a constitutional fundamental which even a sovereign Parliament acting at the behest of a complaisant House of Commons cannot abolish”. Lord Hope continued “Parliamentary sovereignty is no longer, if it ever was, absolute … It is no longer right to say that its freedom to legislate admits of no qualification whatever. Step by step, gradually but surely, the English principle of the absolute legislative sovereignty of Parliament … is being qualified … The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based. The fact that your Lordships have been willing to hear this appeal and to give judgment upon it is another indication that the courts have a part to play in defining the limits of Parliament’s legislative sovereignty”, and added that Parliament should not be able to pass legislation that “is so absurd or so unacceptable that the populace at large refuses to recognise it as law”.
Is there a process by which the courts can be requested to instruct that Parliament (notwithstanding any possible extension) to not frustrate the UK leaving the EU on the 31st, which is what it has voted for previously, and is the law of the land currently link.
i.e.: can citizens take Parliament to court for frustrating the law it made?
[I appreciate this question might be a little tautological, but meh... :p]