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Wed Sep 11, 2019, 09:22 AM

Scottish judges rule PM's suspension of parliament is unlawful

Appeal court says prorogation order ‘void’ but fails to issue injunction for MPs to return

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 judges, chaired by Lord Carloway, Scotland’s most senior judge, overturned an earlier ruling that the courts did not have the power to interfere in the prime minister’s political decision to prorogue parliament.

Lawyers acting for 75 opposition MPs and peers argued Johnson’s decision to suspend parliament for five weeks was illegal and in breach of the constitution, as it was designed to stifle parliamentary debate and action on Brexit.

The court issued an official summary of its decision declaring the prorogation order was “null and of no effect”, but Carloway said the judges were deferring a final decision on an interdict to the UK supreme court, which will hold a three-day hearing next week.


Before we get too excited, it's worth pointing out that the Scottish courts not infrequently take different views to the English courts - the High Court in London's decision last week went the other way. But this is an important principle to test anyway.

"Sources" in No. 10 (a.k.a. Dominic Cummings, no doubt) said "We note that last week the High Court in London did not rule that prorogation was unlawful. The legal activists choose the Scottish courts for a reason." Some have taken this as a slur on Scottish judges' independence. Jolyon Maugham QC says they chose the Scottish Appeal Court as a venue because the English High Court wasn't sitting in August.

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Reply Scottish judges rule PM's suspension of parliament is unlawful (Original post)
Denzil_DC Sep 2019 OP
Pachamama Sep 2019 #1

Response to Denzil_DC (Original post)

Wed Sep 11, 2019, 09:29 AM

1. My sense is that regardless of how the UK Supreme Court rules, this is an important step in Scotland

...declaring eventually itself independent from the UK should Britain leave the EU.

They will not go down with Britain...

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