Parliament shutdown 'illegal'
Last updated 11th Sep 2019
A legal bid to challenge the suspension of parliament in Scotland's highest court has succeeded on appeal.
Judges at the Court of Session in Edinburgh have ruled Boris Johnson's prorogation of parliament was "unlawful''.
A group of around 70 parliamentarians had appealed against a ruling by a judge at the court that Boris Johnson's prorogation of Parliament is lawful.
Judge Lord Doherty originally dismissed a challenge against the suspension - which went ahead in the early hours of Tuesday - at the Court of Session last Wednesday, saying it is for politicians and not the courts to decide.
But three judges of the Inner House, the supreme civil court in Scotland, disagreed with Lord Doherty's ruling.
A summary of the court opinion, published by the Scottish Courts and Tribunals Service, states: "The Inner House of the Court of Session has ruled that the Prime Minister's advice to HM the Queen that the United Kingdom Parliament should be prorogued from a day between 9 and 12 September until 14 October was unlawful because it had the purpose of stymying Parliament.''
It continues: "All three First Division judges have decided that the PM's advice to the HM the Queen is justiciable, that it was motivated by the improper purpose of stymying Parliament and that it, and what has followed from it, is unlawful.''
It went on: "The Court will accordingly make an Order declaring that the Prime Minister's advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect."
At the hearing, Judge Lord Carloway told the court: "We are of the opinion that the advice given by the Government to her majesty the Queen to prorogue parliament was unlawful and that the prorogation itself was unlawful.''
He referred the matter to the UK Supreme Court for resolution.
Campaigners said their understanding is that Parliament can now reassemble if it so wishes
The UK Government plans to appeal against the latest ruling to the Supreme Court.
SNP Westminiter leader Ian Blackford tweeted: "This is great news, congratulations to you and all involved. This battle has further to run but my message to @BorisJohnson is you are playing fast and loose with the law. You have acted in an anti democratic manner and need to respond by recalling Parliament.''
Jolyon Maugham QC, the anti-Brexit barrister who was second petitioner in the case, said the Supreme Court would hear the case next week.
He tweeted: "We have won. Appeal begins in the Supreme Court on Tuesday.
"We believe that the effect of the decision is that Parliament is no longer prorogued.
"I have never been able to contemplate the possibility that the law could be that our sovereign Parliament might be treated as an inconvenience by the Prime Minister.
"I am pleased that Scotland's highest court agrees. But ultimately, as has always been the case, it's the final arbiter's decision that matters.
"We will convene again in the Supreme Court next week."
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