Published: Thu, September 12, 2019

MPs must be recalled after Scottish ruling, Plaid and Labour MPs say

MPs must be recalled after Scottish ruling, Plaid and Labour MPs say

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 created to stifle parliamentary debate and action on Brexit.

"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 goal was to stymie parliamentary scrutiny of the executive", the Judiciary of Scotland wrote in its summary of the opinion.

Judge Lord Carloway told the Edinburgh court: "We are of the opinion that the advice given by the Government to her majesty the Queen to prorogue Parliament was unlawful and that the prorogation itself was unlawful".

Boris Johnson suffered another setback today as Scottish judges ruled his suspension of Parliament is unlawful.

However, the government immediately said it would appeal the decision to the supreme court in London.

Downing Street made clear that he had no intention of reversing the Commons prorogation at this stage - but would recall Parliament if the Supreme Court ruling went against the government.

He added: "The UK government needs to bring forward a strong domestic legislative agenda".

The document's release was the day's second setback for Johnson and followed the surprise judgment by Scotland's highest civil court, which found that the government's action suspending lawmakers was illegal "because it had the goal of stymieing Parliament".

A cross-party group of MPs protested outside the parliament building on Wednesday, saying they were ready to take back their seats.

Johnson announced on August 28 that parliament would be prorogued, saying the government wanted the suspension so it could then launch a new legislative agenda.


But the court's ruling is a victory for Joanna Cherry of Edinburgh South West, the member of Parliament who led the case, and almost 80 lawmakers who joined her.

However, it is a highly visible sign of the constitutional crisis that the United Kingdom has slid into, and the ruling also has the potential to be hugely politically damaging for Boris Johnson, a Prime Minister who has had his honesty and integrity questioned more than any other premier a few weeks into the job.

"It's absolutely essential to our constitution that the relationship between the prime minister and the Queen is one of utmost confidentiality and the utmost good faith - essential!", Mr.

We have won. Appeal begins in the Supreme Court on Tuesday.

Labour, which blocked an attempt to call an election in October, says it would back one after Brexit is either delayed, or a deal has been done - pointing to a possible November poll.

Britain's former Attorney General Dominic Grieve was reported by the Daily Telegraph to have called on Johnson to resign "if he misled the Queen".

And there was more fury after a No10 source reportedly swiped that the Scottish courts had been "chosen for a reason", with Nicola Sturgeon slamming the jibe as "pitiful" and undermining the rule of law.

The Scottish court agreed with the MPs.

A full hearing is scheduled at the Supreme Court on September 17.

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