The Free Press Journal

UK SC RULES PARLIAMENT SUSPENSION AS UNLAWFUL

- ADITI KHANNA

"The effect on the fundamenta­ls of our democracy was extreme," Supreme Court President Lady Brenda Hale said, as she handed down the verdict on Tuesday.

In a major setback for Prime Minister Boris Johnson, Britain's Supreme Court on Tuesday ruled in a historic verdict that his decision to suspend Parliament in the run-up to Brexit was "unlawful".

Johnson suspended, or prorogued, Parliament for five weeks earlier this month, saying it was to allow for a Queen's Speech to outline policies of his new government.

However, Opposition MPs and many members of his own Conservati­ve Party had accused him of trying to escape parliament­ary scrutiny during a crunch phase ahead of the October 31 Brexit deadline.

Indian-origin anti-Brexit campaigner Gina Miller had challenged his decision in the UK High Court, which had referred it to the highest court of the country.

"The effect on the fundamenta­ls of our democracy was extreme," Supreme Court President Lady Brenda Hale said, as she handed down the verdict on Tuesday.

"The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustratin­g or preventing the ability of Parliament to carry out its constituti­onal functions without reasonable justificat­ion," she said.

She said the unanimous decision of the 11 justices meant that Parliament had not been prorogued - the decision was null and of no effect - and it was for the Speakers of the Commons and Lords to decide what to do next.

The ruling marks a major setback for Johnson, who is currently in the US for the United Nations General Assembly session. He had insisted that courts should not intervene in such political matters.

Downing Street said it was "currently processing the verdict".

Miller had made history a few years ago by forcing Johnson's predecesso­r Theresa May to seek Parliament's approval before invoking Article 50 which set the clock ticking on Britain's exit from the European Union (EU) in March 2017.

In reference to her latest legal win, she said: "Today is not a win for any individual or cause. It is a win for Parliament­ary sovereignt­y, the separation of powers and independen­ce of our British courts.

"Crucially, today's ruling confirms that we are a nation governed by the rule of law - laws that everyone, even the Prime Minister, are subject to." She stressed that the historic judgment meant Parliament is open and was never prorogued. "I urge MPs to get back to work immediatel­y," she said.

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