UK News: Boris Johnson's plan to prorogue Parliament is legal, judge rules - PressFrom - United Kingdom
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UK NewsBoris Johnson's plan to prorogue Parliament is legal, judge rules

15:16  04 september  2019
15:16  04 september  2019 Source:   inews.co.uk

Brexit: Edinburgh Court of Session motion filed in bid to prevent suspension of UK Parliament

Brexit: Edinburgh Court of Session motion filed in bid to prevent suspension of UK Parliament A legal bid has been launched to prevent Prime Minister Boris Johnson from suspending Parliament. © Provided by Johnston Publishing Ltd Campaigners against Brexit branded the PM's plans an "assault on democracy" as they revealed a motion has been submitted to the Court of Session in Edinburgh - the highest civil court in Scotland - asking for the move to be suspended. READ MORE: Brexit: Emergency legal bid to stop Boris Johnson suspending Parliament The case is being taken by a cross-party group of more than 70 MPs and peers, with the support of the Good Law Project.

John Bercow pledges to ensure MPs have chance to discuss move and table legislation against no deal.

Boris Johnson ' s plan to shut down Parliament before the Brexit date of October 31 will be scrutinised at the Court of Sessions in Edinburgh. The case, led by the SNP’ s Joanna Cherry and Lib Dem leader Jo Swinson, claim that the proroguing of Parliament is a denial of ‘political accountability’

Boris Johnson's plan to prorogue Parliament is legal, judge rules © Provided by Johnston Publishing Ltd

A judge has ruled that Boris Johnson's decision to prorogue Parliament early is not illegal, providing a victory for the Government as MPs try and block the Prime Minister's Brexit plans.

Boris Johnson's plan to prorogue Parliament is legal, judge rules © Provided by Johnston Publishing Ltd

A group of cross-party MPs and Peers had launched legal action action against the Government that aimed to prevent the prorogation Parliament ahead of the Brexit deadline of 31 October.

Boris Johnson's plan to prorogue Parliament is legal, judge rules © Provided by Johnston Publishing Ltd

MPs had argued Mr Johnson was using the device to shut down a debate on Brexit and limit further scrutiny or attempts to stop a no-deal Brexit.

Boris Johnson's move to prorogue Brexit debate being tackled on three legal fronts

Boris Johnson's move to prorogue Brexit debate being tackled on three legal fronts Legal bids to challenge the prorogation were launched at the High Courts in London and Belfast, and Edinburgh. A cross-party group of about 70 MPs and peers are backing the action at the Court of Session in Edinburgh after beginning a legal move earlier in the summer when they filed a petition aiming to stop Mr Johnson being able to prorogue Parliament. © Provided by Johnston Publishing Ltd 'No precedents' They want an interim interdict which would stop Mr Johnson taking the option of suspension until a final decision has been made on the case.

A legal bid to stop Boris Johnson suspending Parliament has failed its first test in Scotland’ s highest civil court. A cross-party group of around 70 MPs and This morning, Judge Lord Doherty said: ‘I’m not satisfied that it has been demonstrated that there’ s a need for an interim suspension or an interim

Boris Johnson agreed a plan in the middle of August to suspend Parliament A group of 75 MPs and peers has challenged Mr Johnson ' s decision to prorogue Parliament for Judge Lord Doherty, pictured during the hearing today, is weighing up the legal arguments for and against prorogation.

But the judge at the highest civil court in Scotland deemed the move lawful, and said that it was not a matter for the courts but a political one.

Political judgement, not legal

The case, which had been fast-tracked given the political timetable, was considered at the Court of Session in Edinburgh on Tuesday.

Activists hold EU flags as they demonstrate outside of the Court of Session in Edinburgh (Photo: Getty Images)

Announcing his decision on Wednesday, Lord Doherty said choosing when to prorogue Parliament was for politicians and not the courts, but this ruling will now be appealed.

He said: "In my view the advice given in relation to the prorogation decision is a matter involving high policy and political judgement.

"This is political territory and decision-making, which cannot be measured by legal standards but only by political judgments. Accountability for the advice is to Parliament and ultimately the electorate and not to the courts."

Judge to rule on legal challenge to stop parliamentary suspension

Judge to rule on legal challenge to stop parliamentary suspension The case was heard at the Court of Session in Edinburgh.

It was claimed in court Boris Johnson said it should not be "shocking" to suspend parliament . The British government appears to have been considering suspending parliament as early as The details emerged as a legal action aimed at halting the suspension of parliament got under way at the Court

The power to prorogue Parliament belongs to the Monarch as part of the Royal Prerogative, on the By current practice Parliament is prorogued by commissioners acting in the Sovereign' s name. ^ "MEPs plan to trigger EU rule of law investigation into Boris Johnson ' s government over suspension

Lord Doherty added: "I do not accept the submission that the prorogation contravenes the rule of law and the claim is justiciable because of that.

"In my opinion there has been no contravention of the rule of law. The power to prorogue is a prerogative power and the Prime Minister had the vires (powers) to advise the sovereign as to its exercise."

Appeal

The challenge from a cross-party group of 75 MPs and peers - led by SNP MP Joanna Cherry QC - argued the decision to prorogue Westminster to reduce time parliamentarians have is unlawful.

Jo Maugham QC, who was among those supporting the case, said after the ruling that the court's decision suggests that the Prime Minister's political power has no end.

Demonstrators hold up placards at a protest against the move to suspend parliament in the final weeks before Brexit outside Downing Street in London on August 31, 2019. (Photo: Getty)

Scottish judge refuses to block Boris Johnson's Parliament suspension

Scottish judge refuses to block Boris Johnson's Parliament suspension A Scottish judge will not order a temporary halt to Boris Johnson's proposal to shut down the UK Parliament. © Provided by Johnston Publishing Ltd Opponents of Prime Minister Boris Johnson's bid to suspend the Westminster Parliament have been denied an interim interdict at the Court of Session in Edinburgh. Judge Lord Doherty said: "I'm not satisfied that it has been demonstrated that there's a need for an interim suspension or an interim interdict to be granted at this stage. "A substantive hearing is set to place for Friday September 6, before the first possible date parliament could be prorogued.

Boris Johnson - the frontrunner in the Tory leadership race - has refused to rule He told BBC Radio 5 Live: "Prorogation is not the plan A or even plan B or plan C. The main plan is Now we have John Major opening up an entirely new judicial route to stop Boris Johnson from proroguing parliament .

A legal challenge aimed at stopping Boris Johnson from suspending the UK Parliament from early However, Judge Doherty dismissed the action on Friday. He said: "I'm not satisfied that it has been Johnson wrote to MPs this week explaining that he was planning to suspend Parliament ahead of a

"If he can do that for 34 days, why not 34 weeks or 34 months? Where does this political power end? It's not the law as I understand it," he said.

"Yesterday's hearing was always going to be a bit of a pre-season friendly. We're now focused on the Inner House, hopefully later this week, and then the Supreme Court on 17 September."

Labour Edinburgh South MP Ian Murray, who was one of the petitioners in the case, insisted afterwards: "The fight against Boris Johnson's assault on democracy and his plan to crash the UK out of the EU goes on."

Mr Murray said: "There will be an appeal on this ruling and there is another court case taking place in England.

"But the main battle is currently in Parliament, where the Prime Minister has lost his majority and does not have the support of the House for his dangerous plan to impose a no-deal Brexit on the country.

"We have wrested control of parliamentary business and will attempt to pass a law that makes a no-deal Brexit illegal. We will also fight to secure a final say for the people of the UK on Brexit and we must campaign to remain in the EU."

Scottish court rules Boris Johnson illegally suspended Parliament. U.K.'s top court will have the final say.

Scottish court rules Boris Johnson illegally suspended Parliament. U.K.'s top court will have the final say. A Scottish appeals court, the Court of Sessions, ruled Thursday that Prime Minister Boris Johnson violated Britain's constitution when he prorogued, or suspended, Parliament until Oct. 14. The three-judge panel, led by Lord Carloway, Scotland's senior-most judge, overturns a lower court ruling that courts can't interfere with political decision by the prime minister. But the appellate court did not immediately overturn Johnson's order, allowing the U.K. Supreme Court to make the final decision in an emergency session called for Sept. 17. It did, however, inject more chaos into an already madcap Brexit fight.

Urgent application made to high court for judicial review on proroguing of parliament .

Boris Johnson appears to have approved a plan to prorogue Parliament in September in secret documents days before Downing Street outright denied that was his strategy. The Prime Minister announced last week that he planned to prorogue , or suspend

Brexit vote

A UK Government spokesman said: "As we have set out, the Government needs to bring forward a strong domestic legislative agenda - proroguing Parliament is the legal and necessary way of delivering this.

"We welcome the court's decision and hope that those seeking to use the judiciary to frustrate the Government take note and withdraw their cases."

Read more:

Boris Johnson gears up for another Commons battle as MPs attempt to block no-deal

In a hearing on Tuesday, it was revealed the Government appeared to consider suspending Parliament as early as mid-August.

This was two weeks before publicly announcing the move and despite Mr Johnson's spokesman then claiming any suggestion of prorogation was "entirely false".

Responding for the Government, David Johnston QC, said: "The proper forum for these matters to be scrutinised is the political forum.

"Those who make decisions that don't go down well in the political forum will be held to account there - either in Parliament or, ultimately, by the electorate."

The ruling was announced as MPs prepared to vote on whether to support a bill that could force the PM to seek an extension rather than leave the EU without a deal.

Additional reporting from PA

Queen dragged into 'unlawful' shutdown of Parliament as Boris Johnson resists demands to recall MPs.
Sir Keir Starmer, the shadow Brexit Secretary, called on MPs to return to Westminster so they can 'open those doors' and hold PM to account

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