UK News: In full: Scottish Court of Session rules Boris Johnson's suspension of parliament unlawful - PressFrom - United Kingdom
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UK NewsIn full: Scottish Court of Session rules Boris Johnson's suspension of parliament unlawful

15:05  11 september  2019
15:05  11 september  2019 Source:   scotsman.com

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 appeal court judges have declared Boris Johnson ’ s decision to suspend parliament in the run-up to the October Brexit deadline is unlawful . The three Scottish judges, who will issue their own reasonings in full on Friday, said the prorogation was unlawful “because it had the purpose of

British Prime Minister Boris Johnson ’ s suspension of the UK parliament has been judged to be “ unlawful ” at an appeal court in Edinburgh, Scotland .

The full statement follows the judgement from the highest appeal court in Edinburgh saying the Prime Minister's suspension of parliament was 'unlawful'.

In full: Scottish Court of Session rules Boris Johnson's suspension of parliament unlawful © Provided by Johnston Publishing Ltd

FIRST DIVISION, INNER HOUSE, COURT OF SESSION

Lord President

Lord Brodie

Lord Drummond Young

SUMMARY OF THE OPINION OF THE COURT

In the Reclaiming Motion by JOANNA CHERRY QC MP AND OTHERS

Petitioners for

JUDICIAL REVIEW

11 September 2019

The Inner House of the Court of Session has ruled that the Prime Minister’s advice to HM the Queen that the United Kingdom Parliament should be prorogued from a day between 9 and 12 September until 14 October was unlawful because it had the purpose of stymying Parliament.

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

Boris Johnson's Prorogation Of Parliament Was 'Unlawful', Rule Scottish Judges 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.

Boris Johnson suffered another setback today as Scottish judges ruled his suspension of Parliament is unlawful . The case is expected to be appealed further at the Supreme Court . Scottish MP Joanna Cherry, pictured with lawyer Jo Maugham called the ruling 'historic' and 'fantastic'.

The court of session in Edinburgh has rejected an attempt to prevent Boris Johnson ’ s prorogation of Scottish Council of Law Reporting (@SessionCases). Here is a note of Lord Doherty' s reasons After the ruling , Maugham tweeted: “The idea that if the PM suspends parliament the court can’t get

A petition for judicial review was raised by 79 petitioners, 78 of whom are parliamentarians at Westminster, on 31 July 2019, seeking inter alia declarator that it would be unlawful for the UK Government to advise HM the Queen to prorogue the UK Parliament with a view to preventing sufficient time for proper consideration of the UK’s withdrawal from the European Union (Brexit).

A substantive hearing was fixed for Friday, 6 September, but on 28 August, on the advice of the Prime Minister, HM the Queen promulgated an Order in Council proroguing Parliament on a day between 9 and 12 September until 14 October.

The Lord Ordinary (the judge hearing the case at first instance) refused to grant interim orders preventing the prorogation, but brought the substantive hearing forward to Tuesday, 3 September. On the eve of the hearing, in obedience of its duty of candour, the respondent lodged some partially redacted documents exhibiting some of the Government’s deliberations regarding prorogation, going back to 15 August.

Boris Johnson 'unlawfully' prorogued parliament - what does it mean and what happens next?

Boris Johnson 'unlawfully' prorogued parliament - what does it mean and what happens next? This is what might happen next now that the highest court in Scotland has ruled the prorogation of parliament by Prime Minister, Boris Johnson, to be "unlawful".

Boris Johnson ’ s suspension of the UK Parliament is unlawful , Scotland ’ s highest civil court has ruled . A panel of three judges at the Court of Session found in favour of Please refresh the page for the fullest version. You can receive Breaking News on a smartphone or tablet via the BBC News App.

Boris Johnson ' s decision to suspend parliament is unlawful , a Scottish court has ruled . The case was originally dismissed at the Court of Session last week, where Judge Lord Doherty said it was for politicians and not the courts to decide on shutting down the Commons and Lords for five weeks.

READ MORE: Boris Johnson's suspension of Parliament ruled as unlawfulThe Lord Ordinary dismissed the petition. He found that the PM’s advice to HM the Queen on prorogation was, as a matter of high policy and political judgment, non-justiciable; the decision to proffer the advice was not able to be assessed against legal standards by the courts.

The reclaiming motion (appeal) was heard by the First Division of the Court of Session over 5 and 6 September. Parliament was prorogued in the early hours of Tuesday, 10 September.

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 Lord President, Lord Carloway, decided that although advice to HM the Queen on the exercise of the royal prerogative of prorogating Parliament was not reviewable on the normal grounds of judicial review, it would nevertheless be unlawful if its purpose was to stymie parliamentary scrutiny of the executive, which was a central pillar of the good governance principle enshrined in the constitution; this followed from the principles of democracy and the rule of law.

Queen dragged into 'unlawful' shutdown of Parliament as Boris Johnson resists demands to recall MPs

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

A judge at the highest court in Scotland has found Boris Johnson ' s planned prorogation of Parliament lawful. Legal action aimed at preventing the UK Government. Judge rules court can't review exercise of prerogative power to £prorogue.

LONDON (Reuters) - Prime Minister Boris Johnson ' s decision to suspend parliament later this month until shortly before Britain leaves the European Union is lawful, a Scottish court ruled Parliament is the master of its own proceedings, rules and privileges," Doherty told Scotland ' s Court of Session .

The circumstances in which the advice was proffered and the content of the documents produced by the respondent demonstrated that this was the true reason for the prorogation.

Lord Brodie considered that whereas when the petition was raised the question was unlikely to have been justiciable, the particular prorogation that had occurred, as a tactic to frustrate Parliament, could legitimately be established as unlawful. This was an egregious case of a clear failure to comply with generally accepted standards of behaviour of public authorities.

READ MORE: Boris Johnson's government considering Scotland to Northern Ireland bridgeIt was to be inferred that the principal reasons for the prorogation were to prevent or impede Parliament holding the executive to account and legislating with regard to Brexit, and to allow the executive to pursue a policy of a no deal Brexit without further Parliamentary interference.

Lord Drummond Young determined that the courts have jurisdiction to decide whether any power, under the prerogative or otherwise, has been legally exercised. It was incumbent on the UK Government to show a valid reason for the prorogation, having regard to the fundamental constitutional importance of parliamentary scrutiny of executive action.

The circumstances, particularly the length of the prorogation, showed that the purpose was to prevent such scrutiny. The documents provided showed no other explanation for this. The only inference that could be drawn was that the UK Government and the Prime Minister wished to restrict Parliament.

The Court also decided that it should not require disclosure of the unredacted versions of the documents lodged by the respondent.

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.

This summary does not form part of the reasons for the decision, however the full opinion of the court will be made available on the Scottish Courts and Tribunals website at 12 noon on Friday 13 September 2019.

Petitioners: O’Neill QC, Welsh; Balfour and Manson LLP

Respondent: Johnston QC, N Taylor; HM Advocate General for Scotland

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