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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[…] The ruling by the top court comes after 75 MPs and peers, led by the SNP MP Joanna Cherry, successfully appealed that the prorogation of Parliament was not legal last week in a Scottish appea… […]