Scottish politicians lose court case to keep Parliament open
Last updated 4th Sep 2019
A judge at the highest court in Scotland has found Boris Johnson's planned prorogation of Parliament lawful.
Legal action aimed at preventing the UK Government suspending Parliament ahead of the Brexit deadline of October 31 was considered at the Court of Session in Edinburgh.
It followed claims the Prime Minister wants to limit MPs' scrutiny and their attempts to stop a no-deal Brexit.
Announcing his decision, Lord Doherty said the decision on proroguing Parliament was for politicians, and not for the courts.
He said: "In my view, the advice given in relation to the prorogation decision is a matter involving high policy and political judgement.
"This is political territory and decision-making, which cannot be measured by legal standards, but only by political judgements. Accountability for the advice is to Parliament and, ultimately, the electorate, and not to the courts.''
Lord Doherty added: "I do not accept the submission that the prorogation contravenes the rule of law and the claim is justiciable because of that.
"In my opinion, there has been no contravention of the rule of law.
"The power to prorogue is a prerogative power and the Prime Minister had the vires to advise the sovereign as to its exercise."
SNP MP Joanna Cherry QC, one of the politicians behind the challenge, tweeted: "Seems we have lost #Cherrycase to stop #prorogation at 1st instance. Judge rules court can't review exercise of prerogative power to #prorogue. We thinks he's erred in law on this point & others & will seek to appeal immediately #Brexit #StopTheCoup.''
Jolyon Maugham QC, director of the Good Law Project, which also supported the challenge, said: "The idea that if the PM suspends Parliament the court can't get involved looses some ugly demons. If he can do it for 34 days why not 34 weeks or 34 months? Where does this political power end?"
Labour Edinburgh South MP Ian Murray, who was one of the petitioners in the case, insisted afterwards: "The fight against Boris Johnson's assault on democracy and his plan to crash the UK out of the EU goes on.''
Mr Murray said: "There will be an appeal on this ruling and there is another court case taking place in England.
"But the main battle is currently in Parliament, where the Prime Minister has lost his majority and does not have the support of the House for his dangerous plan to impose a no-deal Brexit on the country.
"We have wrested control of parliamentary business and will attempt to pass a law that makes a no-deal Brexit illegal. We will also fight to secure a final say for the people of the UK on Brexit and we must campaign to remain in the EU."
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