Proroging Parliament Was Unlawful, Scottish Court Rules

11 September 2019, 10:18 | Updated: 11 September 2019, 11:06

Boris Johnson in Ireland earlier this week
Boris Johnson in Ireland earlier this week. Picture: PA

A Scottish court has ruled that Boris Johnson's decision to suspend parliament is unlawful.

The official summary of the decision read: "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.

"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.

"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."

The decision will now go to the Supreme Court, which will hear the case on Tuesday.

It is understood that no order to cancel prorogation will be given until after that court case.

Judge Lord Doherty originally dismissed a challenge against the suspension 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.

Joanna Cherry, the SNP’s home affairs and justice spokesperson and one of the supporters of the legal challenge tweeted: "Huge thanks to all our supporters and our fantastic legal team who have achieved the historic ruling that prorogation is unlawful."

Jo Maugham, who was at the centre of the legal challenge, added: "We have won."

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