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UK NewsBoris Johnson's Prorogation Of Parliament Was 'Unlawful', Rule Scottish Judges

12:55  11 september  2019
12:55  11 september  2019 Source:   huffingtonpost.co.uk

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.

Scottish judges delivered a hammer blow to Boris Johnson today by sensationally ruling Parliament was suspended illegally. An Edinburgh court decided that prorogation was unlawful because the Prime Minister' s intention had been to 'stymy' scrutiny from MPs. The stage is now set for a titanic

Court of session in Edinburgh rejects attempt to prevent PM’ s prorogation of Commons.

Boris Johnson's Prorogation Of Parliament Was 'Unlawful', Rule Scottish Judges © PA Wire/PA Images

Boris Johnson’s prorogation of parliament was “unlawful”, judges at the appeal court in Edinburgh have ruled.

The prime minister is now facing demands he recall the Commons.

A group of around 70 parliamentarians had appealed against an earlier ruling by a judge at the court that Johnson’s suspension of parliament was lawful.

SNP Joanna Cherry said the Commons must now be “recalled immediately”.

Following today’s ruling, she said Johnson’s shutting down of parliament early was a “plot” to stop MPs blocking a no-deal Brexit.

Labour MP David Lammy said: “Let’s unlock the doors tomorrow. Or are you afraid of the UK’s sovereign parliament taking back control?”

Prorogation Unlawful: 'The advice given by the government to Her Majesty the Queen to prorogue parliament was unlawful'

Prorogation Unlawful: 'The advice given by the government to Her Majesty the Queen to prorogue parliament was unlawful' Lord Carloway, Scotland’s most senior judge, has said the advice given by the British government to Queen Elizabeth II concerning the prorogation of parliament was "unlawful".

Boris Johnson ’ s decision to prorogue parliament for five weeks is legal, the high court in London has ruled . In a judgment handed down by three of the most senior judges The ruling will go to appeal at the supreme court, which has already announced it is prepared to hear any appeals on 17 September.

“If the prorogation is declared unlawful , it will be entirely for parliament to decide what to do when it sits during the relevant five weeks. “Our case is concerned – and only concerned – with issues of law.” The barrister added that the reason given by Johnson for suspending parliament – to introduce a

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.

The British government plans to appeal against the latest ruling to the UK Supreme Court.

This is a breaking news story and will be updated. Follow HuffPost UK on Twitter here, and on Facebook here.

Boris Johnson's Prorogation Of Parliament Was 'Unlawful', Rule Scottish Judges © PA Wire/PA Images

Kwasi Kwarteng claims 'many people are saying' judges are biased over Brexit after prorogation ruling.
'Many Leave voters, many people up and down the country, are beginning to question the partiality of the judges'

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