Parliament suspension 'unlawful', court rules

Wednesday, September 11, 2019

A legal bid to challenge the prorogation of Parliament has succeeded at Scotland's highest civil court.

A panel of three judges at the Court of Session in Edinburgh ruled that the move by Boris Johnson to suspend Parliament was "unlawful".

The decision goes against an earlier ruling by the court, with Judge Lord Doherty dismissing the case last week.

He ruled that whether or not to prorogue Parliament was for politicians, not the courts, to decide.

The action was brought before the court by a cross-party group of around 70 parliamentarians, who appealed against Lord Doherty's ruling.

The ruling will not immediately affect the current suspension of Parliament, which began on Tuesday.

SNP MP Joanna Cherry QC, who was among the cross-party group, tweeted: "All 3 judges in Scotland's Highest court of appeal rule #Prorogation #unlawful! #Cherrycase succeeds.

"Huge thanks to all our supporters & our fantastic legal team who have achieved the historic ruling that #prorogation is #unlawful #Cherrycase #Brexit."

And Liberal Democrat MP Luciana Berger tweeted: "As one of the Petitioners to this case, this is such an important ruling - although how awful that it's had to come to this."

The UK government plans to appeal against this latest ruling, saying it was “disappointed” by the decision of the senior Scottish judges because proroguing Parliament was "legal and necessary”.

A full hearing is scheduled at the Supreme Court on September 17.

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