UK News: Boris Johnson's suspension of Parliament ruled as unlawful - PressFrom - United Kingdom
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UK NewsBoris Johnson's suspension of Parliament ruled as unlawful

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

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.

Court backs MPs who said suspension of parliament breached constitution. Scottish appeal court judges have declared Boris Johnson ’ s decision to suspend parliament in the run-up to the October Brexit deadline is unlawful .

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'.

A legal bid to challenge the suspension of parliament has succeeded at the highest appeal court in Edinburgh.

Boris Johnson's suspension of Parliament ruled as unlawful © Provided by Johnston Publishing Ltd

A group of around 70 parliamentarians had appealed against a ruling by a judge at the court that Boris Johnson's prorogation of Parliament is lawful.

Judge Lord Doherty originally dismissed a challenge against the suspension - which went ahead in the early hours of Tuesday - 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.

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".

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

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 a cross-party The decision overturns an earlier ruling from the court, which said last week Mr Johnson had not broken the law.

The judgement from the court said the the Prime Minister's advice to the Queen to prorogue Parliament was "unlawful because it had the purpose of stymying Parliament".

It added that all three First Division judges decided that the Prime Minister's advice to the Queen "is justiciable" and "that is was motivated by the improper purpose of stymying Parliament and that it, and what has followed from it, is unlawful".

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.

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.

A British judge on Wednesday ruled in favour of Boris Johnson ’ s decision to suspend Parliament in a move that will provide some respite for the beleaguered Prime Minister. Judge Raymond Doherty at the Court of Session in Edinburgh, Scotland’ s highest court, rejected a legal challenge by PM Johnson ’ s

Boris Johnson's suspension of Parliament ruled as unlawful © Provided by Johnston Publishing Ltd

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

The judgement also said that the prorogation was "a clear failure to comply with generally accepted standards of behaviour of public authorities" and that the "principal reason" for the suspension of Parliament was to allow "the executive to puruse a policy of a no-deal brexit without further Parliamentary interference".

Boris Johnson berated live on Facebook over 'unlawful' prorogation advice given to Queen

Boris Johnson berated live on Facebook over 'unlawful' prorogation advice given to Queen Prime Minister, Boris Johnson, was berated live on Facebook on Wednesday evening by people angry with him after a Scottish court said the advice Mr. Johnson provided to the Queen over the decision to prorogue parliament was "unlawful".

Voters have branded Boris Johnson ’ s suspension of parliament “unacceptable”, as the prime minister prepared to lock MPs out of the House of Commons in the midst of the Brexit crisis. In dramatic late-night scenes at Westminster, Mr Johnson was due to force prorogation through just moments

A legal challenge over Prime Minister Boris Johnson ' s decision to suspend Parliament has been rejected, High Court judges have ruled . The case was brought by businesswoman Gina Miller, who argued the move was "an unlawful abuse of power". Rejecting Ms Miller' s case, Lord Justice Burnett

It added that the "documents provided" from the UK government had proved there was no other explanation for the prorogation than a wish to "restrict Parliament".

The judges concluded the Prime Minister's advice was "unlawful and is thus null and of no effect."

READ MORE - Boris Johnson's government considering Scotland to Northern Ireland bridge

Opposition MPs who brought the case today are now calling for the immediate recall of Parliament.

This won't happen before the case is referred to the UK Supreme next week where a Government appeal to the decision will be heard.

SNP MP Joanna Cherry said the campaigners had been "completely vindicated."

"We've uncovered more and more evidence that this was a plot by Boris Johnson and Jacob Rees Mogg and others to prevent representing our constituents and to prevent us scrutinising them as they try to take us through a back door towards a No deal Brexit," she said after the ruling.

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

How Boris Johnson plans to suspend parliament . Johnson has gone nuclear with his plan to sideline parliament . Earlier on Wednesday the European parliament ’ s Brexit coordinator Guy Verhofstadt described the decision by Mr Johnson ’ s government as “sinister” and expressed solidarity with British

Boris Johnson ’ s prorogation of parliament attacked in court. Mr Johnson ’ s decision on suspending parliament has been “substantially influenced by a wholly extraneous and improper consideration”, namely hindering parliament from stopping a no-deal Brexit, Lord Pannick told the High Court, adding

"I would be confident that the UK Supreme Court will uphold this decision."

Fellow Nationalist MP Tommy Sheppard added "We ought to be in Westminster this morning representing our constituents and we're not because Boris Johnson has chosen to shut Parliament down.

"That has now been ruled to be against the law and parliament should be immediately reconvened so we can consider what Boris Johnson is doing to this country."

Liberal Democrats MP Luciana Berger tweeted: "As one of the Petitioners to this case, this is such an important ruling - although how awful that it's had to come to this. "

SNP Westminiter leader Ian Blackford tweeted: "This is great news, congratulations to you and all involved. This battle has further to run but my message to @BorisJohnson is you are playing fast and loose with the law. You have acted in an anti democratic manner and need to respond by recalling Parliament."

READ MORE - Poll: Half of Leave voters want Boris Johnson to break the law over Brexit

The prorogation was "a clear failure to comply with generally accepted standards of behaviour of public authorities", the ruling added, and that the "principal reason" for the suspension of Parliament was to allow "the executive to pursue a policy of a no-deal brexit without further Parliamentary interference".

Parliament suspension ruled unlawful amid calls for Boris Johnson to resign

Parliament suspension ruled unlawful amid calls for Boris Johnson to resign Judiciary dragged into the political war as Government loses case in Scotland

Now, as Parliament begins a suspension he requested, Johnson is in a tight spot. The bad days just keep on coming for Boris Johnson . On Monday, less than a week after lawmakers roundly rejected the British prime minister' s plan to leave the European Union with or without a deal, Johnson ' s

The five-week suspension of Parliament will begin later, after MPs are expected to again reject government calls Labour leader Jeremy Corbyn has requested a debate around the rule of law. Meanwhile, Boris Johnson has held talks with Leo Varadkar in Dublin - his first meeting with the Irish

It added that the "documents provided" from the UK government had proved there was no other explanation for the prorogation than a wish to "restrict Parliament".

Jolyon Maugham QC, the anti-Brexit barrister who was second petitioner in the case, said the Supreme Court would hear the case next week.

He tweeted: "We have won. Appeal begins in the Supreme Court on Tuesday.

"We believe that the effect of the decision is that Parliament is no longer prorogued.

"I have never been able to contemplate the possibility that the law could be that our sovereign Parliament might be treated as an inconvenience by the Prime Minister.

"I am pleased that Scotland's highest court agrees. But ultimately, as has always been the case, it's the final arbiter's decision that matters.

"We will convene again in the Supreme Court next week."

Shadow Brexit secretary Keir Starmer said the court ruling was "huge", and vindicated Labour's efforts to stop Parliament being shut down.

Speaking at the TUC Congress in Brighton, he said: "I need to get back to Parliament, to see if we can reopen the doors and hold Johnson to account.

"It was obvious to everyone that shutting down Parliament at this crucial time was the wrong thing to do.

"The Prime Minister was not telling the truth about why he was doing it. The idea of shutting down Parliament offended everyone across the country, and then they felt they were not being told the truth."

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".

Parliament is now suspended until mid-October, the result of earlier political maneuvering by the From Mr. Johnson ’ s perspective, the suspension of Parliament at least provides some relief by They also know that there is a mood of discontent inside the ruling Conservative Party because Mr

Within hours of Boris Johnson ’ s decision to suspend parliament , impromptu protests were being held in major city centres across the country, including in front of the Palace of Westminster in central London. Demonstrations were scheduled to be held from late afternoon onwards in areas including

Labour MP Ian Murray tweeted: "Great result from the Court of Session. The contempt that the PM has shown to Parliament and the public is unprecedented. The advice given to the Queen was not the reason wanted for a 5 week prorogation."

Liberal Democrats MP Luciana Berger tweeted: "As one of the Petitioners to this case, this is such an important ruling - although how awful that it's had to come to this. "

Scottish Greens co-leader Patrick Harvie backed calls for a recall of Parliament.

“It’s extraordinary that the UK Government – even one which has descended ever further into minority status – should have the power to replace the Prime Minister, set the parliamentary agenda and even force MPs to pack up and go home to avoid being held to account," he said.

David Johnston QC, representing the UK Government, had argued it was not for the courts to get involved in what was a political decision.

Today's judgement came after Lord Doherty originally dismissed a challenge against the suspension - which went ahead in the early hours of Tuesday - 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 UK Government plans to appeal against the latest ruling to the Supreme Court.

The judgement from the court said the the Prime Minister's advice to the Queen to prorogue Parliament was "unlawful because it had the purpose of stymying Parliament".

All all three judges today agreed that Mr Johnson's advice to the Queen "was motivated by the improper purpose of stymying Parliament and that it, and what has followed from it, is unlawful".

The Government said it is "disappointed" by the decision of the senior Scottish judges, adding proroguing Parliament was " legal and necessary".

The Prime Minister claimed that he took the controversial decision to prorogue parliament for five weeks in order to reset the domestic agenda and allow a Queen's Speech to take place next month setting out a fresh programme of legislation. Mr Johnson has claimed that there would be "ample time" for MPs to debate Brexit.

But today's ruling found there was a "clear failure" to comply with the accepted standards of behaviour of a public authority."

"It's to be inferred that the prorogation was to prevent or impede Parliament from holding the executive to account."

London court rejects challenge to PM Johnson's suspension of parliament.
London court rejects challenge to PM Johnson's suspension of parliament before Brexit, but said it could be taken to the Supreme Court for an appeal, the BBC said. Johnson announced at the end of August that he would suspend parliament from mid-September to mid-October, just before Britain is due to leave the European Union on Oct. 31, so the government could announce a new legislative programme. That prompted campaigner Gina Miller, who defeated the government over another Brexit issue two years ago, to challenge the order.

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