A panel of judges in the Scottish appeals court ruled Boris Johnson’s suspension of parliament was illegal on Wednesday.
A panel of judges in the Scottish appeals court ruled Boris Johnson’s suspension of parliament was illegal on Wednesday.
The ruling overturned an earlier decision that the courts did not have the power to interfere with Boris Johnson’s order to prorogue parliament.
The appeals court, however, decided that the order was “null and void” after lawyers acting on behalf of 75 MPs and peers said suspending parliament would stifle action on Brexit.
Despite the ruling, the judges did not issue an injunction which would force parliament to reconvene. Instead, they are waiting on the UK supreme court to issue a final decision.
So what happens next?
Even though the judges are waiting on the supreme court’s decision on an injunction, the lawyers who worked on behalf of the MPs said that they believe today’s decision meant that prorogation was suspended “with immediate effect”.
Joylon Maugham QC, a legal campaigner who funded the legal action with his Good Law Project, said the ruling was a win for democracy.
“I’m relieved that my understanding of the functioning of our democracy – that allows parliament to exercise its vital constitutional role – has been vindicated by Scotland’s highest court.
“This is an incredibly important point of principle. The prime minister mustn’t treat parliament as an inconvenience.”
However, Joanna Cherry QC, the lead applicant on the case, said she did not agree with Maugham that parliament was reconvened immediately.
“This ruling takes us one step closer to ensuring the UK government cancels their shameful prorogation and blatant plot to force through an extreme Brexit. Boris Johnson cannot be allowed to break the law with impunity,” the MP said.
The government will now appeal the case to the supreme court, meaning that at least for the moment, parliament is seemingly still suspended.
A UK government spokesperson said: “We are disappointed by today’s decision and will appeal to the UK supreme court. The UK government needs to bring forward a strong domestic legislative agenda. Proroguing parliament is the legal and necessary way of delivering this.”
Meka Beresford is a freelance journalist. Follow her on Twitter.
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11 Responses to “Scottish judges rules prorogation is illegal. What happens next?”
Keith little
The Simple truth is that the people voted to leave Europe and now it is the people versus Parliament. If we do not leave without a deal we would negotiate a deal later but still continue trading with Europe. Short Term Pain for Long Term Freedom. I know which option I prefer and Freedom has always come first from the beginning of time. Not leaving the EU opens the door for Mr Fararge and Tory and Labour will be slaughtered in a General Election.
Alasdair MacVarish
The small majority in the advisory referendum was not sufficient to overcome the inaccuracies in the electoral register which is usually only about 85% complete. A clear 60/40 decision should have been required as in more experienced countries.
Dick Symonds
Your quote from Alasdair MacVarish is absolutely right. (I have been saying it for years). Brexit is a supremely constitutional question, and in every country that has a real constitution , one written down, a two thirds majority is required , which is only right if what is proposed is a major change with longstanding consequences. The next Labour government must as a priority set up a Royal Commission on the Constitution with the outcome to propose the written version – which will need a two thirds majority in the Houses of Parliament to be accepted.
Nigel Grant
It is not about People versus Parliament. It is about fighting for Democracy for the British people. Short term pain for the many is not something I want to be part off. You, by the sounds of things will be okay but many people who rely on prescriptions / drugs etc will be very vulnerable. Have you not wondered why the Government will not disclose their report which clearly highlights worst case scenarios. I do not know about you but if things are as reported, our country will implode under these scenarios I would strongly advise against this potential and high risk no deal approach. The risks are too high Keith. Austerity has already destroyed the lives of many people and our communities. I imagine you have given little thought to this. I am concerned that ‘The Left Behind’ will suffer even more from Brexit. There is no such thing as Long Term Freedom but perhaps I have got it wrong. I would be delighted if you could explain your vision of Long Term Freedom. Deals do not magically appear they have to be negotiated and we still do not have any major deals to highlight and that is despite Liam Fox’s three and somewhat years running round the globe in desperation to establish trade deals with the U.K. We already have the ability / powers to negotiate trade deals with countries out with the U.K. The sad thing is that because The Tory Government together with previous Labour Governments did not invest in communities that lost their major industries ie Coal and Steel. Do not be fooled by theTory right who keep pushing we will be alright when the truth is quite the opposite. One other thing Keith, Brexit is not the only issue in town. We need to give attention to health, education and our economy etc I do not think the Brexit Party has any policies on these vital areas for the British people.
Anne
oh flower of Scotland. Thank you Scottish courts for drubbing English Etonites. Oh how sweet this is. Oh I AM loving it!!! I am not Scots and at the moment I would trade my nationality very willingly. I take no pride in being from a country where the far right is rising. I am filled with shame at unelected PM Porky Pies. I do not want a regressive blue passport with pages embossed with spitfires and lard and dripping and vera lynn and pork pies and kippers and who knows what other dastardly images. Scotland I salute you. Any court who brings this despot to book is amazing but that it should be a Scots court is even sweeter. A proverbial Glasgow kiss! You stood against them, and sent them back to parliament to think again. Tee hee hee hee hee. Beside myself with glee. Northern Island I hope you too will give this shower a taste of your own particular medicine. On a more serious note may your own freedom come but for now I am so appreciative of your fighting spirit. I salute you again!