Scottish judges rule Boris Johnson's prorogation unlawful
Source: The Guardian
Scottish appeal court judges have declared that Boris Johnsons decision to suspend parliament in the run-up to the October Brexit deadline is unlawful.
The three judges, chaired by Lord Carloway, Scotlands most senior judge, overturned an earlier ruling that the courts did not have the powers to interfere in the prime ministers political decision to prorogue parliament.
Lawyers acting for 75 opposition MPs and peers argued Johnsons decision to suspend parliament for five weeks was illegal and in breach of the constitution, as it was designed to stifle parliamentary debate and action on Brexit.
The British government will appeal against the Scottish appeal courts decision, which also contradicts a decision in Johnsons favour by senior English judges last week, at the supreme court.
Read more: https://www.theguardian.com/politics/2019/sep/11/scottish-judges-rule-boris-johnsons-prorogation-unlawful
This really is a constitutional crisis and this ruling on one hand, is excellent, but further complicates an already messy situation. I think even if the Supreme Court rules the porogation illegal next week the Boris Administration will refuse to comply...
Recursion
(56,582 posts)Until fairly recently the Lords were the court of final jurisdiction in questions like this, which would have been interesting.
Ghost Dog
(16,881 posts)Perhaps it should be, and de Pfiffel-Johnson consigned to an Edinburgh Castle dungeon.
Recursion
(56,582 posts)However, Parliament can lock him in the Elizabeth Tower (a.k.a. "Big Ben"
crazytown
(7,277 posts)they have no right to interfere
Ghost Dog
(16,881 posts)and was never conquered even by Rome. Very unlike the case of Catalonia, which is and always has been a subsidiary part of Spain or of precursor kingdoms or emirates or Roman Empire, since pre-Carthaginian times.
KY_EnviroGuy
(14,491 posts)This ruling shows that, despite what Boris Johnson has spent his privileged life thinking, he is not above the law.
Labour will not allow his elitist shutdown of parliament to enable him to dodge scrutiny and force through a disastrous no-deal Brexit.
From:
Brexit: Labour and SNP demand recall of parliament after Scottish court rules prorogation unlawful - live news
Link: https://www.theguardian.com/politics/blog/live/2019/sep/11/brexit-latest-news-public-would-not-benefit-from-hearing-official-worst-case-no-deal-assumptions-says-leadsom-live-news
Will tRump and his minions take notice?............
Soph0571
(9,685 posts)TomVilmer
(1,832 posts)I was arrested in Scotland in 1986 for a small peace blockade against the nuclear armed submarines, placed up there by the English - which the locals really do not like. I was very well treated in their juridical system. The judge asked when I myself had planned to leave the country - after one week - and then ordered me to leave the country after two weeks .
Much more importantly: Three brave women accused of damaging a nuclear submarine went free from punishment in 1999 after a Scottish judge declared those weapons was illegal under international law.
onetexan
(13,041 posts)oust him.
Soph0571
(9,685 posts)If he refuses to direct the Queen to open Parliament - how can the have a vote of no confidence?
Ghost Dog
(16,881 posts)... All right, that is unthinkable... But a European-style President of a Republic could!
onetexan
(13,041 posts)The queen has no choice but to listen to her people & other MPs and do the right thing. Cant imagine that she would want england to go down like a sibking ship all because of a horrid man who refuses to abide by their constitution.
onetexan
(13,041 posts)Unconstitutional, he is acting illegally. So the ruling essentially puts Parliament back in position to reconvene, whether Boris likes it or not. He cant hold parliament hostage by refusing to call parl to reconvene.
BlueIdaho
(13,582 posts)beachbumbob
(9,263 posts)Soph0571
(9,685 posts)Javaman
(62,530 posts)JudyM
(29,241 posts)similarly challenged for causing the same effect here...?
BlueIdaho
(13,582 posts)They have learned their lessons about those who would abuse their powers...
malthaussen
(17,195 posts)Neat trick, that.
-- Mal
Soph0571
(9,685 posts)It will be interesting to see what the Supreme Court makes of it next week
Denzil_DC
(7,241 posts)from Tories and their advisers!
I'm not holding my breath for a favourable outcome in the Supreme Court, but let's just say I wouldn't want to be doing the Tory bigwigs' laundry any time soon.
KY_EnviroGuy
(14,491 posts)Link to tweet
Link to FT article: https://www.ft.com/content/12097e7c-d47f-11e9-8367-807ebd53ab77
Good read there that explains why Scottish courts may prevail where England's did not.....