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Johnson’s suspension of parliament ‘unlawful’ Scotland’s most senior court rules

11 Sep 2019 / brexit Print

PM Johnson’s suspension of parliament is ‘unlawful’

Judges of the supreme civil court in Scotland have ruled that British Prime Minister Boris Johnson's (pictured) decision to suspend parliament for five weeks is unlawful.

Chaired by Lord Carloway, Scotland’s most senior judge, the three justices overturned an earlier ruling that the courts did not have the powers to interfere in the British prime minister’s political decision to prorogue parliament.

An original challenge against Tuesday’s suspension of parliament was dismissed by Judge Lord Doherty at the Court of Session last Wednesday, when he ruled that it was for politicians to decide on the matter.

But three judges of the Inner House, the supreme civil court in Scotland, disagreed with the earlier ruling.

‘Stymying parliament’

The decision to prorogue parliament until 14 October "was unlawful because it had the purpose of stymying parliament", the judgment reads.

Scottish National Party MP Joanna Cherry thanked her “fantastic legal team” on Twitter, and called for parliament to be recalled immediately.

Jolyon Maugham, a lawyer involved in the case, said an appeal to the Supreme Court would begin next Tuesday, 17 September, when an emergency hearing on both the Scottish and English cases will be heard.

A third challenge is also being brought before the courts in Belfast.

 

Gazette Desk
Gazette.ie is the daily legal news site of the Law Society of Ireland