Stop the Burnham Coup - Scoping the Constitutional and Legal Questions

 In this post I'll try to set out a broad outline of the Constitutional and Legal Questions that seem to me to arise (or potentially arise) in relation to the prospective "Burnham Coup".

A fundamental Constitutional Question is whether, constitutionally, Charles Mountbatten-Windsor has a right to appoint a UK Prime Minister in the circumstances which apply (or are likely to apply) in July 2026. 

That broad question is a foundation of the Relief I may seek at Judicial Review:

Should it be necessary to seek Judicial Review of the anticipated appointment of Mr. Burnham as Prime Minister I anticipate seeking Relief by means of a Declaration to the effect:

"It is unlawful (or was unlawful) for Charles Mountbatten-Windsor to appoint (or have appointed) Andrew Murray Burnham as First Lord of the Treasury (or Prime Minister) in the circumstances which apply (or did apply) in July 2026". 

In additional to such Constitutional Questions there are multiple categories of Legal Question which potentially arise. 

Given that Scots Law differs from the Law of England and Wales it seems to me that there are four categories of potential Legal Questions:

1. Questions of Criminal Law according to Scots Law
2. Questions of Criminal Law according the the Law of England and Wales
3. Questions of Civil Law according to Scots Law
4. Questions of Civil Law according the Law of England and Wales 

In future posts I will seek to develop how I understand the facts of the perceived "Burnham Coup" and set out my initial assessment of how those facts (if I understand them correctly) may apply in Scots Law and in the Law of England and Wales.